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(영문) 수원지방법원 평택지원 2016.02.03 2015고단1732
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 4, 2015, the Defendant: (a) around 23:00, the D convenience store located in Asan City C, and (b) on the front day of the D convenience store located in Asan City, without any reason, sold one time by using a telebris, which is an object dangerous to the face of the victim E (S) who was aware of intune, without any reason.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as the inside and outside of the shores, the upper mouths, and the cutting of the aggregate for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photograph the CCTV screen to the same;

1. Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria shall not apply to the crime of this case where the sentencing criteria are not set.

2. Determination of sentence: (a) the Defendant appears to have committed the instant crime under the influence of alcohol; (b) the victim paid 9.7 million won for medical expenses to the victim; and (c) the victim did not have any particular penal power; (b) the method of the instant crime is very dangerous; and (c) the victim did not suffer any serious injury to the victim; and (d) the Defendant did not receive any letter from the injured party, considering the circumstances unfavorable to the Defendant; and (c) other circumstances indicated in the records, such as the Defendant’s age, sex, family environment, etc.

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