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(영문) 수원지방법원 안양지원 2014.10.16 2014고단1282
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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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

Punishment of the crime

The Defendant drinking alcohol together with the victim E (age 47), F (age 52) and f (age 52), and f (age 23:00 on May 19, 2014, the Defendant continued to drink in the above restaurant while drinking alcohol to the victim E, but the victim E refused to do so. However, the victim E refused to do so, fab, etc. of the victim E, and fabab, etc. of the victim E, fababab, etc. of the victim E, fababab, etc. of the dangerous object located therein, and fababab, etc. to the victim E, and fababab, etc. of the victim E, and fababab, etc. to the victim E, and fababab, etc. of the victim F, who continued to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each report on investigation;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of recommendations: Imprisonment with prison labor for a period of two to four years;

(a) A crime referred to in subparagraph 1: The basic area (two years to four years) of the type of habitual injury, special injury resulting from a repeated crime (a habitual injury, special injury resulting from a repeated crime);

(b) Second offense: The basic area (from February to October) of category 1 as a assault crime; and

C. Aggravation of multiple crimes;

2. The sentence shall be determined as ordered in consideration of the fact that the defendant in the decision of sentence has no criminal records since around 2007 and that he is in depth against the defendant; and

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