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(영문) 수원지방법원 2014.09.25 2014고단3383
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment with prison labor for two years, and for one year, for Defendant B.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. On June 11, 2014, at around 00:05, the Defendant: (a) considered that he sited in E located in Suwon-si, Suwon-si, Suwon-si, and the victim F (n, 49 years of age) was pushed down; (b) took her fluor, who is a dangerous object, and her fluor, laid down two times to the math part of the victim, and put the victim into her 21-day eye and string around her eye, who need approximately 21 days of treatment.

2. Defendant B, at around 00:40 on June 11, 2014, received a report of 112 on the ground of the same reason as paragraph (1) in the street world near Suwon-gu, Suwon-gu, and was called for, Defendant B, on the ground that the police officer, his spouse, attempted to arrest A in the act of committing an act of committing a customs offense, by means of his own attacking the knife (21cm in the blade length, 34cm in the total length) and told the victim F, thereby threateninging the victim F.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding F;

1. A H statement;

1. Address photographs of the case;

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

1. Defendant A of the pertinent Article of the Punishment of Violences, etc. Act: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) 2 of the Criminal Act: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act;

1. Mitigation (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act, each of the suspended execution (the defendants);

1. Reasons for sentencing under Article 62-2 (1) of each Criminal Act;

1. Defendant A [Scope of Recommendation] There is no basic area (2 to 4 years) (2 to 4 years) of the first category (2 to 4 years) of habitual injury, repeated injury, and special injury (2 to 4 years) (a special person) [Pronouncement Decision] (a decision of sentence] Defendant reflects his/her mistake, the first offender, the degree of injury suffered by the victim, and no recovery of damage shall be determined as ordered in consideration of all the sentencing conditions.

2. Defendant B [the scope of recommendations] The basic area of Defendant B (six months to one year and six months) for the crimes of intimidation (Habitual, Cumulative, and Special Intimidation).

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