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(영문) 수원지방법원 평택지원 2015.04.30 2015고단242
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

The Defendant is the four dynamics of the Victim C(39 years of age) and the victim is classified as a member of the organizational violence group, which is subject to police management.

At around 22:50 on September 12, 2014, the Defendant: (a) driven the Defendant’s vehicle by telephone, and sought the victim from the Defendant to the front park of the vice 1st apartment house located in Pyeongtaek-si, Cheongbuk-do; (b) around 23:20 on the same day, the Defendant threatened the victim to “I know that I would know that I would have known that I would know that I would know that I would know that I would have known that I would go to the police; (c) in the above park, the Defendant is in transition (the total length of 25 cm, 12 cm) which is a dangerous object in the vehicle of the other party to the direction of the Defendant, and she provided the victim with approximately 4 weeks left right-hand well, right-hand left-hand part, right-hand part, and the upper part of the two parts one time, and provided the victim with approximately 4 weeks left-hand benefit.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

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. Probation and community service businesses under Article 62-2 of the Criminal Act;

1. The range of recommended sentencing guidelines for sentencing of Article 48 (1) 1 of the Criminal Act for the reasons of sentencing: Taking into account all circumstances, such as the mitigation area (one year and six months to two years) in the mitigated area (one year and six months) of the first type of special injury (special injury) into account that the victim caused the instant crime;

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