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(영문) 수원지방법원 성남지원 2016.05.04 2015고단1463
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 3, 2015, the Defendant assaulted the victim D (73 tax) operated by Sungnam-gu, Seongbuk-gu, Sungnam-gu, Seoul, about three weeks of medical treatment, such as fluorous shot (120cm in length) with the victim's head one time and fluoric shot (120cm in length) with the victim's shot (120cm in length), which is a dangerous object in dispute with the victim, and caused injury to the victim, such as cerebral sins, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Seizure records;

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

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate small amount of punishment (not to punish a victim);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Comprehensive consideration of the reasons for sentencing under Article 48(1) of the Confiscation Criminal Act, such as the age, conduct and environment of the defendant, motive for the crime of this case, etc., and the conditions for sentencing indicated in the arguments and records of this case, including the defendant's age, sexual conduct and environment, and motive for the crime of this case. In particular, the case where the victim's head is at the price of the victim's head with dangerous articles and inflicted an injury upon the victim's head, which is disadvantageous to the fact that

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