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(영문) 수원지방법원 안산지원 2015.12.23 2015고단3444
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:47 on October 14, 2015, the Defendant, while drinking alcohol together with the victim E (the age of 46) in front of the Docker in Ansan-si, Gyeonggi-si, the Defendant: (a) 15:47, 2015, on the ground of the beer’s disease, the victim satisfyed the Defendant’s usual behavior; and (b) caused the victim’s head by the beer’s disease, which is a dangerous article on the above table.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 reason for sentencing under Article 62-2 of the Criminal Act, such as probation, order to attend a lecture, or order to attend a lecture, that the defendant would not repeat the same crime again, after the prosecution of this case, the defendant agreed with the victim after the prosecution of this case, that the victim does not want the punishment of this case, that the victim's damage caused by the crime of this case is relatively heavy, that the defendant was sentenced to suspended sentence due to the same crime of this case, that there was a enemy who was sentenced to a suspended sentence due to the same crime of this case in around 2014, and that there was an enemy who was punished by multiple fines due to violence, etc., and that there was a little amount of punishment due to the defendant's age, occupation, family relation, health status, etc., within the scope set forth in the following

[Standards for Sentencing] - In the area of mitigation (one year or six months to two years) (one year or six months from June to two years), the area of mitigation (including a serious effort to recover damage) of category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) or a case where considerable damage has been restored to the extent of recommendation punishment;

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