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(영문) 수원지방법원 2015.08.13 2015고단2706
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

On June 7, 2015, the Defendant, around 21:30 on June 21, 2015, had sing in D’s singing rooms located under D’C, and the victim E (the age of 54) suspended the withdrawal of the singing machines.

The Defendant, with a bad hand, shicked the victim’s neck one time, and collected beer disease, which is a dangerous object on the table, and boomed the victim’s face, and inflicted injury on the victim, such as the right side side, the inside side, and the inside side, which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Investigation report (F counterpart investigation of witnesses);

1. A written diagnosis of injury;

1. Photographs, etc. of damaged parts;

1. Application of Acts and subordinate statutes to CCTV 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 (including the fact that the degree of injury is not severe, the fact that there is no previous conviction for the same kind in the last ten years, and the fact that it is an contingent crime among Si expenses);

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

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