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(영문) 수원지방법원 2015.03.25 2015고단394
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 of the final judgment.

Reasons

Punishment of the crime

At around 22:50 on January 7, 2015, the Defendant used a telephone conversation with a large volume of victim D(32 years of age) at a lodging room in Suwon-gu, Suwon-gu, Suwon-si, 301, the Defendant used the victim's face at the victim's room, and used the victim's left head at two times, and used the victim's face at the victim's room.

As a result, the defendant carried dangerous things and inflicted an injury on the victim, such as escape from the left head.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspects of E or D;

1. Application of photographs of damage, and Acts and subordinate statutes reporting investigation;

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. Article 62 (1) of the Criminal Act;

1. The reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] In the case of habitual injury, repeated injury, special injury (Habitual Injury, Bodi Bodi Bodi Bodily Injury), the mitigation area (one year and six months to two years), the punishment of a person who is not subject to special mitigation (including a serious effort to recover damage), or a considerable partial damage (a sentence decision] (a sentence decision is rendered] one year and six months, the suspension of the execution of three years, and the crime of a defendant who has inflicted an injury upon the head of a victim with a prone weapon, which is a fatal deadly deadly weapon in the probation and three years of the suspension of the execution of the execution of the sentence, is very heavy, but there are circumstances to consider in the course of the crime of this case, taking into account the circumstances leading up to the crime of this case, the victim agreed smoothly with the defendant and expressed his intention not to punish him, and the defendant expressed his intention to mislead him, as a whole, and the order and all other reasons for sentencing are comprehensively taken into account.

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