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(영문) 수원지방법원 안산지원 2014.12.09 2014고단2342
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:30 on August 2, 2014, the Defendant, while under the influence of alcohol, had a victim D (the age of 47) who was not good among the stairs of the 1st and the 2nd floor in Ansan-si, Ansan-si, the Defendant: (a) had a victim walked with his chest while drinking; (b) had the victim cut out the victim's chest under the stairs; (c) had the victim cut out the victim's head by gathering an empty bottle, which is a dangerous object in the surrounding area; (d) had the victim put the arms of the victim; and (e) had the victim cut the victim's hand, who is a dangerous object, frighted with the victim's head, and frighted the victim's face.

As a result, the defendant carried dangerous objects and carried them about two weeks to the right side in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Statement made to D by the police;

1. Each injury certificate (No. 15, 16);

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

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

1. The criminal defendant shall be punished strictly in light of the fact that he/she inflicts an injury on a minor who is a dangerous thing on the victim without any special reason in the sentencing of Article 62-2 of the Probation Criminal Act, and that the criminal defendant has a number of records of having been punished for the same kind of violent crime;

However, the above punishment shall be imposed according to the sentencing guidelines in consideration of the fact that the defendant led to the confession of the crime in the court, the fact that the defendant agreed smoothly with the victim, the age, character and conduct, the environment of the defendant, the motive and background leading up to the crime in this case, the means and consequence, the circumstances before and after the crime, and other circumstances shown in the records of this case.

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