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(영문) 수원지방법원 성남지원 2013.09.02 2013고단1346
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 22:10 on April 17, 2013, the Defendant: (a) at the “E” bar operated by the Victim D (F.51 years of age); (b) at the victim D (F.D.), under the influence of alcohol, he collected the ice f.b.b. in the table due to a fire; (c) at the victim D’s desire to ask for the reason; (d) at the victim’s head head f.b., one hand in the condition of the victim’s head f.b., one hand in the condition of the victim’s head f.b., one hand in the condition of the victim’s head f., the victim’s head f. (56 years of age); and (e) the victim G. (58 years of age) returned to the victim’s head f.m., which was in danger to the victim’s face f., the victim’s face f.g., one of the dangerous things in the table.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, G, H, and I;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the first offender, the victims have agreed to do so, and the depth has been divided);

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal circumstances in which reasons for discretionary mitigation are stated);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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