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(영문) 수원지방법원 2013.11.06 2013고단4696
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

Punishment of the crime

[2013Kadan4696] On July 29, 2013, the Defendant discovered that the victim was aware of the victim's her ability to walk while under the influence of alcohol from "E", a drinking house operated by the victim D, which was operated by the victim D in Suwon-gu, Suwon-si, Suwon-si, and caused the victim's injury, such as an open body, which requires approximately two weeks of treatment in line with the number of the victim's backs.

[2013Kadan4936] On July 11, 2013, the Defendant discovered the victim H (35 years of age) who drinks alcoholic beverages at the G’s head office in Suwon-si F on the ground that the victim H wanted to and had the Defendant prior to the occurrence of the loss, the Defendant sent the telegraph, such as the victim H’s face, etc., to drinking and hand over.

As a result, the Defendant inflicted injury on the victim H, such as an inner scopical scopical scopty for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. Each injury diagnosis letter;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; 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. In full view of the fact that the defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation are under suspension of sentence as a crime of injury, even though he/she was under the period of suspension of sentence, he/she has been punished as a crime of assault or injury on several occasions, it is judged that the defendant has a violent relation with the defendant. Considering the fact that the defendant is led to confession and reflect, the victim's injury is not severe, and that the victim's injury is not severe, even if he/she has agreed with the victim's H, a sentence of sentence is inevitable for the defendant to be sentenced.

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