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(영문) 수원지방법원 평택지원 2014.04.03 2014고단56
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 20:30 on January 3, 2014, the Defendant requested a monthly wage from the Defendant’s house of 1103, c apartment complex 201, 201, 1103, and the Defendant’s house of the Defendant’s house of 30:0,000, to provide employees with the Defendant’s operation E from the victim D (the age of 26). The Defendant stated that the Defendant “drawing?” The victim “hings?s face” on the two hands, when the victim’s face level is several times, the victim’s left side side part of the bridge is walking at several times, and the victim’s inner part of the bridge buckbucks in the room was taken one time, and the victim’s left side part of the kitchen 201, which is a dangerous object in the kitchen’s kitchen (the blade length: 15 cm, the total length: 20 cm) and the victim’s left part of the bridge and the part on the bridge.

Summary of Evidence

1. Defendant's legal statement;

1. The first police statement concerning D;

1. Application of the relevant photographs and Acts and subordinate statutes on early medical treatment;

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 or 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 (Consideration of sentencing)

1. The crime of this case where the defendant living together with the victim who has much difference from his age and inflicted an injury by assaulting the victim as a dangerous object while living together with the victim who is the weak, is deemed to be very poor in the nature of the crime.

However, the punishment as ordered was determined in consideration of the fact that the defendant led to his confession of his crime, that the victim does not want the punishment of the defendant in agreement with the victim, that there are some circumstances to consider in the motive of the crime, and the age, character and conduct, circumstances after the crime, etc.

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