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(영문) 수원지방법원 성남지원 2013.07.05 2013고단953
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

On April 11, 2013, at around 22:30, the Defendant: (a) returned home with three fluences, such as fluor C and C’s workplace club D, etc., at the non-fluorial main points located in Sungnam City’s Mademic Mademic Madem, and (b) returned home with three fluorcings; (c) the Defendant collected a stone, which is a dangerous object on the roadside, on the ground that the fluor is bad; (d) the Defendant was going back to the back of the victim who was waiting for a substitute driver on the street near the above main point; and (d) the Defendant fluordddd the head of the victim one time with the above stone, and flusium, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A medical certificate, a medical certificate of injury, and a damaged photograph;

1. Application of the Acts and subordinate statutes to the complaint;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Reexamination of the reasons for sentencing as follows)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act does not change the nature of the crime of this case where the defendant inflicts bodily injury on the victim by using dangerous things, but the victim was tried to be punished against the defendant. However, the defendant was committed at the time of committing the crime, and the defendant was divided, and deposited the money to the victim. The defendant was not guilty except for the crime of violation of the Punishment of Violences, etc. Act on July 9, 2003.

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