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(영문) 수원지방법원 안산지원 2013.10.11 2012고단2743 (1)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 15:00 on August 13, 2012, the Defendant, at Ecafeteria located in D at Silung-si, on August 15:0, 2012, was drunk to the Defendant’s daily behaviors of the Victim G (the age of 42) with the Defendant’s daily game, and the Defendant, at the same time, had the victim’s sexual intercourse with the Defendant, and led to a sudden physical fighting. The Defendant also contested the Defendant, and the Defendant was subject to an assault from the victim’s daily movement, and the F was subject to an assault from the victim’s daily movement. The Defendant continued to have 500cc c beer residues, which is a dangerous object on the table, on the part of the Victim’s daily eye, on the part of the Victim’s G, and continued to have the other 500c beer residues on the table 5,00c bed with the Defendant’s left hand.

As a result, the Defendant carried dangerous things and inflicted injury on the victim G during about 8 weeks of medical treatment on the part of the victim G, and 2 balance of 6 weeks of medical treatment on the part of the victim H.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and I;

1. Some statements made in the interrogation protocol of the prosecution concerning F;

1. Each injury diagnosis report and medical certificate;

1. Investigation report (not more than 129 pages of the record), application of the video CD-related Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that most of the offenses are recognized and reflected, the circumstances leading to the assault by the defendant, and the fact that there is no record of punishment exceeding the fine);

1. Article 62 (1) of the Criminal Act (including the fact that agreement has been reached with victims);

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