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(영문) 수원지방법원 안산지원 2013.08.27 2013고단1655
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

On April 20, 2013, at around 23:20, the Defendant, on the front of the D convenience point in Singu, Gyeonggi-do on April 20, 2013, on the ground that the victim E (57 years of age) claimed the Defendant to change the call block charges, and the Defendant, on the ground of the fact that the victim E (57 years of age), was dissatisfied with the victim, was the main of the victim, which is a dangerous object that was located on the floor at that place, and had approximately 14 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. On-site photographs, injury diagnosis reports, and investigation reports;

1. Application of statutes to inquiries about criminal records, etc.;

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 (with regard to the accused, there are no previous criminal records or criminal records heavier than the suspension of execution, and with regard to all circumstances, such as the fact that the accused appears to have committed the instant crime in a state of discretionary mitigation, etc.;

1. Although there are circumstances unfavorable to the defendant, such as the nature of the crime and the result of the crime in this case, etc., there is no criminal conviction or more than the suspension of execution, the defendant seems to have committed the crime in this case in a state of the principal and state of the crime, and it appears that the defendant committed the crime in this case in a state of the principal and state of the crime, which has been agreed with the victim. The defendant has a depth of his mistake, the social relationship of the defendant is obvious, and the detention of the defendant entails excessive difficulty to his family members, and other circumstances are considered as the motive and circumstance of the crime in this case, relationship between the defendant and the victim, situation after the crime, age of the defendant, occupation, family relation, health status, etc.

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