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(영문) 수원지방법원 안산지원 2015.12.16 2015고단3476
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

Criminal facts

At around 20:20 on October 25, 2015, the Defendant: (a) at the main point of “D” located in 20:20 Ansan-gu, Masan-si; (b) at the same time, with the victim E, who is a volunteer worker for daily use, performed alcohol together with the victim E; (c) at the same time, the head part of the victim’s head was set at one time, and the victim’s head was string, without any specific reason; and (d) at the same time, the Defendant inflicted bodily injury upon which the victim’s number of days of treatment cannot be identified.

Summary of Evidence

1. Part of the defendant's statement in court (the defendant and his defense counsel asserted that the defendant was in a state of mental disability by drinking, and that he was in a state of mental disability. According to the records, although the defendant was found to have a drinking, it does not seem that the defendant had the ability to discern things or make decisions. Thus, the defendant's argument has no merit)

1. Statement to E by the police;

1. A report on internal investigation:

1. Application of related Acts and subordinate statutes;

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. Scope of the sentencing guidelines recommended under Article 62 (1) of the Criminal Act (including cases where a person subject to special mitigation is subject to recovery of damage), the area subject to mitigation (including a person subject to special mitigation), the area subject to punishment not subject to punishment (including a serious effort to recover damage), or considerable partial mitigation), in consideration of the fact that the defendant is led to confession and reflect by the defendant, the fact that he/she has agreed with the victim, and the fact that he/she has agreed with the victim: Imprisonment with prison labor for a year and six months to six months, habitual injury, repeated injury, special injury, or special injury);

1. It is so decided as per Disposition for the reasons under Article 62-2 (1) and the proviso to Article 62-2 (2) of the Criminal Act, and Article 59 of the Act on Probation, Etc.;

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