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(영문) 수원지방법원 2013.07.03 2013고단986
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

The defendant and the victim C(the age of 48) are relatives.

On March 21, 2013, the Defendant: (a) around 21:00, at the “Eju shop” located in Suwon-si, had the victim drink and talked with the victim on the ground of different thoughts; (b) had the victim’s head four times of the victim’s head; (c) had the victim’s head on the basis of the dangerous object in question; and (d) had the victim’s head on the part of the victim, and had the victim her head on the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to F and C;

1. Application of statutes on site photographs;

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 factors under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., confession, reflectivity, the fact that an agreement is made with the victim, and the fact that there is no special criminal record in addition to the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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