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(영문) 수원지방법원 안산지원 2014.01.21 2013고단2066
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

Reasons

Punishment of the crime

1. Around April 29, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) caused the victim E by drinking the victim E, without any reason, under the influence of alcohol, at five entertainment taverns “D” in buildings in light of light-wise C, and the victim E by taking the beer’s disease, which is a dangerous article in the relevant place, by drinking the victim’s head. The victim F, who called the victim, was also fleeped by drinking and burning, and the victim F, who was in danger, was flicker with the victim’s head head f, and was flick with the dangerous article that was in danger in the corridor, was collected from the victim F.

As a result, the Defendant used dangerous articles to inflict bodily injury on the victim F who can not know the number of days of treatment on the victim F, and on the victim E, approximately six weeks of the number of units of the internal heat hold in need of treatment.

2. The Defendant assaulted the victim by taking the victim’s face and head several times in which the Defendant committed the Defendant’s act at the time and place specified in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Each police statement made to H, E, and I;

1. Written Statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Articles 2 (1) and 2 (1) 3 of the same Act, Article 257 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act concerning the punishment of the crime (the point of violence and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Sentence of a sentence to the defendant is inevitable in light of the following: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is inadequate and the damage has not been recovered; and (b) the sentence of a sentence to the defendant is not imposed;

However, the sentence is imposed in consideration of the fact that the defendant's mistake is against the victim F, that the defendant has agreed with the victim F, that there is no record of punishment for the same kind of crime, and that all kinds of sentencing conditions, such as the defendant's age, character, behavior and environment

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