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(영문) 수원지방법원 안산지원 2015.06.17 2015고단178
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

At around 06:00 on October 26, 2014, the Defendant, while drinking alcohol with the victim E, who was aware of the 2nd floor "Dnomae Party of Ansan-si, Ansan-si, a member of the Danomae-si, and drinking alcohol together with the victim E, who was the times of drinking, and the victim was frighted with the victim's disregarding the Defendant, and "no green feb", and the Defendant caused the injury to the victim, such as an open body of the victim, which was a dangerous object on the table and the table several times at hand, by drinking the victim's head two times, and boomed the victim's head on the floor, and was laid up with the victim's balp, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a photograph of injury, certificate of injury, and certificate of medical record;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The circumstances favorable to the reasons for sentencing under Article 62-2 of the Social Service Order Act: it reflects on the fact that the victim does not want to be punished; circumstances unfavorable to the victim; the defendant's age, character and conduct, environment, background of the instant crime, circumstances after the crime, etc.;

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