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(영문) 수원지방법원 2014.07.18 2014고단3245
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Criminal facts

Under the influence of alcohol, the Defendant had weak ability to discern things or make decisions.

At around 12:50 on June 14, 2014, the Defendant heard the horses of “F”, “F” under the trade name of “F,” the denial of the victim D (the age of 41) in Suwon-gu, Suwon-si, with drinking alcohol, and was seated on the stairs of the first floor inside the said shop, the Defendant heard the horses of “F” from the victim.

이에 피고인은 피해자로부터 무시당하고 반말을 들었다는 이유로 화가 나, 피해자에게 “가게 돈을 삥땅치는 것 다 봤다, 씨발 놈아.”라고 욕하며 들고 있던 빈 소주병을 계단 모서리 부분에 내리쳐 깨뜨린 후 위험한 물건인 깨진 소주병을 피해자의 얼굴에 집어던져 피해자에게 치료일수를 알 수 없는 왼쪽 관자놀이 부위 열상 등을 가하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning photographic images;

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. Reasons for sentencing under Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act to be mitigated legally;

1. Application of the sentencing guidelines [Scope of recommending punishment] mental health and physical disability in the mitigated area (one year and six months from June to two years) of Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Injury) (Special Mitigation) (Special Mitigation)

2. Determination of sentence: A sentence of imprisonment with prison labor for a year and June has been imposed on several occasions, and the defendant committed the crime of this case during the suspension period of the execution of imprisonment with prison labor for the same kind of crime. The statutory penalty of this case is provided for a limited term of not less than three years, and a sentence of imprisonment with prison labor for a certain period of time shall be imposed.

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