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(영문) 수원지방법원 안산지원 2015.10.20 2015고단2423
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 became final and conclusive.

Reasons

Punishment of the crime

On April 13, 2015, around 23:30, the Defendant expressed a desire to the victim E (year 37) and alcohol at the “D’s singing room in Ansan-si, a member-gu, a member-gu, A, a member-gu, A, a member-gu, and a member-gu, a member-at-law.

Accordingly, the victim raised the victim and changed the defendant, and the defendant suffered bodily injury, such as the beer's disease, which is a dangerous object on the table, in his hand, and the victim's hair was two times, and the number of days of treatment cannot be determined by the victim's hair.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement concerning F;

1. Application of related Acts and subordinate statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case where the mitigated area (one year and six months to two months), the mitigated area (one year and six months to six months), the mitigated area (including efforts to recover damage), or considerable damage is recovered (the decision of the sentenced sentence] (the crime of this case is deemed to require strict punishment within the scope equivalent to the responsibility of the defendant, in light of the following: (a) the crime of this case is committed by the defendant with the head of the victim after having the head of the victim faced with the beer disease; (b) the head of the beer disease; and (c) the crime is committed by the victim with three teared injuries; and (d) the degree of the injury suffered by the victim is not less than that of the victim; and (e) the defendant is not less than that of the victim.

However, the defendant's intention to commit the crime of this case, the defendant did not have any record of punishment for the same kind of crime before committing the crime of this case, and the victim did not want the punishment for the defendant by agreement with the victim.

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