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(영문) 수원지방법원 안산지원 2015.05.19 2015고단654
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

At around 06:10 on March 11, 2015, the Defendant, within the “C” restaurant operated by the Defendant in Ansan-si B, Ansan-si, and from the victim D (the victim 24 years of age) who is an employee, collected beer residues, which is a dangerous object, in which the victim could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the photographic 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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The mitigated area (one year and six months to two years] of category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (one year and six months) of the mitigated area (one year and two years and six months): The case of the instant crime, which is an employee, is not easy to say that the case of the instant crime, which is a loss of the defendant's attitude, is 425ml capacity; the case of the instant crime, which is favorable to the defendant, is one time of the same criminal record: The defendant reflects the mistake; the agreement is reached with the victim; the occurrence of contingent crimes; the absence of any criminal record other than a fine once; and other factors of sentencing as prescribed in Article 51 of the Criminal Act are considered.

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