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(영문) 수원지방법원 안양지원 2014.08.22 2014고합99
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. 피해자 C에 대한 범행 피고인은 2014. 5. 31. 08:20경 군포시 D에 있는 ‘E’ 유흥주점 7호실에서 술을 마시다가 갑자기 서빙 중이던 위 주점의 종업원인 피해자 C(29세)에게 “죽여버린다”라고 말하며 양주잔으로 피해자의 머리를 때리고, 재차 맥주병을 들고 때리려다가 피해자로부터 제지를 당하자 발로 피해자의 몸 부위를 찼다.

As a result, the defendant committed a warning that needs to be treated for about two weeks to the victim.

2. The Defendant committed the crime against the victim F at the above time and at the above place, the victim F (34 years of age) who was the manager at the above main point where the Defendant was contacted by C and his partner G with the Defendant that the Defendant was suffering from the disturbance, without any reason attributable to the Defendant, took the victim’s neck back to the Defendant, and shouldered the Defendant’s face by hand to escape the victim’s left hand.

As a result, the Defendant inflicted an injury on the victim on the part of his left son's son's son's son's son's son.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. On-site photographs and notification to a department related to the reporting of 112 Incident;

1. Application of Acts and subordinate statutes to medical certificates of injury, and photographs of victims;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

1. Reasons for sentencing among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment on Crimes of Bodily Harm to Victims F)

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing criteria;

(a) Basic crime: Crimes of injury to the victim F (determination of types), violence, general injury, and general injury in Type 1 (Special Aggravation of Death): The factors to mitigate the serious injury: Imprisonment with prison labor for not more than 4 months to 1 year and 6 months (basic area);

(b) Concurrent crimes: Crimes of injury to victims C (determination of type) violence;

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