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(영문) 수원지방법원 평택지원 2013.04.18 2013고단242
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 February 8, 2013, at around 02:30, the Defendant, at around 02:30 on the ground that the victim E, who is a backboard from the “Dju store” room of Pyeongtaek-si C and the 1st underground floor, makes the victim’s horses recklessly without a brucation, followed the table table to the victim, and got the victim’s head into a beer disease, which is a dangerous object, one time, and got the victim’s head into a 21-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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 crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a case where the defendant inflicts bodily injury on the victim due to beer, which is a dangerous object, while drinking the victim with the victim, and the method and result of the crime are not exceptionally applied in light of the method and result of the crime.

However, in consideration of various factors of sentencing, such as the fact that the defendant recognized the crime and misunderstanding is divided, that the defendant agreed smoothly with the victim, that the defendant has no special criminal record in addition to the fine, the suspended sentence should be sentenced through discretionary mitigation of statutory punishment.

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