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(영문) 수원지방법원 2014.02.21 2013고단6312
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On June 26, 2013, at around 02:20, the Defendant: (a) 02:20 on the street in front of Suwon-si, Suwon-si, the victim C(24 years of age) and D and one other, while drinking alcohol, and the victim scam each other; (b) scam the beer in the paper cup, which is contained on two occasions; and (c) the victim scam one time at the right edge and walked the victim’s right side buckbuck, which requires approximately 21 days of treatment.

2. Violation of the Punishment of Violence, etc. Act (a group, deadly weapons, etc.) (abrut) the Defendant, at the same time and at the same place as the above Paragraph (1) of the same Article, threatened the victims by putting up fishing learning (one meter in length of steel materials) that is a dangerous object located on the floor, which is a dangerous object (one meter in length).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Examination protocol of police suspect regarding D;

1. Class C or D of the second police interrogation protocol against the accused;

1. A written diagnosis of injury to C;

1. Each photographic image;

1. Application of Acts and subordinate statutes on the investigation report;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime (the point of intimidation to carry dangerous articles);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do1148, Apr. 1, 201; 201Do112, Jan. 2, 201

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances in the preceding);

1. The dismissal of prosecution under Article 62-2 of the Criminal Act

1. A summary of the facts charged: (a) around June 26, 2013, the Defendant assaulted the victim by putting the victim D(20 years of age) in front of Suwon-si, Suwon-si B at the street.

2. We examine the judgment. This part.

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