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(영문) 수원지방법원 2012.12.26 2012고단5100
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

At around 20:05 on October 12, 2012, the Defendant: (a) brought about the following: (b) the Victim C (37 years of age) who was a type of scam to divorce to the Defendant’s buyer; (c) brought about the excessive restriction of dangerous articles, which is a dangerous object, to the victim’s item; (d) threatened the victim’s head at one time; (e) took the front part of the victim’s head at one’s own head; (e) took the victim’s body once more; (e) took the victim’s body once more; and (e) took the victim’s cam in front of the victim’s cam, and (e) took the victim’s cam in front of the victim’s body for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the victim's bodily injury photographs and diagnosis reports;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned and Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] - Habitual injury, repeated crime injury, special injury [Special Contributor] - Reduction element - Reduction element / [Determination of the recommended area] 1 year and June 2 year and six months [the scope of the recommendation area] - Reduction element - there is no serious reflect or criminal punishment history [the scope of punishment] : Application of the applicable provisions: 3 (1) and 2 (1) 3 of the breadth Act: Suspension of Execution [the period of punishment] - Major reasons for writing : positive (no criminal punishment history, no punishment source) - General Reference Grounds: positive [decision of the sentence] 1 year and six months, and three years and six months, and there are no records of criminal punishment.

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