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(영문) 수원지방법원 평택지원 2015.07.16 2015고단714
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 22:53 on February 17, 2015, the Defendant was a trial expense on the ground that he had a eye with the victim G (the age of 45) who had been a guest while drinking alcohol together with E and F, and the Defendant shared with the above two persons. The above E met the face side of the victim G and the victim H (the age of 43) on the front side of the above main point. The Defendant combined with it with 19cm, 14cm high, 12cm high, 14cm high, 4cm high, 14cm high, 12cm high, etc. when the head of the above G was taken once the head of the above G, when the above G and the victim’s face was taken into consideration, and when the Defendant opened 4 days high, when the victim’s face was taken into consideration to the above G and the victim’s 4 days high, 1 knee-day high, etc., when the head of the above G and the victim’s face was taken into an open 4 days.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect with respect to E or F;

1. Protocol of the police statement concerning G;

1. Each statement of H and I;

1. Application of the Acts and subordinate statutes to photographs of bricks, photographs, written examinations of injuries, and CCTV caps;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Circumstances in favor of the reasons for sentencing under Article 62-2 of the Criminal Act on Probation: Determination of whether the crime is inferior (a dangerous thing, a joint injury), and the criteria for sentencing for the injured part (a decision of types) shall be [a decision of types] (a person who habitually injures, Bodily Injury, Bodily Injury, Special Bodily Injury) (a person who is a special person] - Where the factors for mitigation are not subject to punishment (including a serious effort for recovery of damage), or considerable damage is recovered (a decision of the recommended area) [a decision of the recommended area].

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