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(영문) 수원지방법원 2015.04.29 2014고단5878
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 03:00 on September 5, 2014, the Defendant suffered injury to the victim, such as brain salute, etc., for which two weeks of medical treatment is required, on the following grounds: (a) while the victim D (the age of 26) living together with the victim’s house located in Osan City C and 201 (the age of 26) has made a dispute with the purchase of tobacco with his own money; (b) the victim has tighted the victim by hand; (c) the victim has tighted the victim with his hand; and (d) the victim has diversed a dangerous article, and (e) the victim has diversed the victim’s head 4 times; and (e) the victim has walking the side fright of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 20

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Reasons for discretionary mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

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