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(영문) 수원지방법원 성남지원 2015.11.23 2015고단2202
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:20 on September 26, 2015, the Defendant reported the victim D (the age of 56) who spits spit around the Defendant’s living windows located in the vicinity of the building and opened the window to the victim by means of spraying the Defendant’s d (the age of 56). However, on the ground that the victim spits the Defendant without any speech, the Defendant spit spite (the age of 81cc in length, 3.5cm in width) was flick-gu in the middle-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul, Seoul, on the ground that the Defendant spit spits the Defendant’s living in the vicinity of the building (the age of 56). However, on the ground that the victim spit spits the Defendant without any speech, the Defendant spit spite (the length 81cc in length, 3.5cm

As a result, the Defendant laid down the body of the two-time openings requiring treatment for approximately one week and the body of the non-alleys requiring treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A medical certificate;

1. Application of statutes on site photographs;

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 recommending punishment] The following shall be taken into account: (i) there is no mitigated area (one year and six months to two months) (special mitigation) (one year and six months) (a year and six months), the mitigated area (a special mitigation person] [a decision on a sentence] contingent crimes, the degree of damage is not heavy, and the defendant appears to have some mental illness; and (ii) there is a certain degree of mental illness;

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