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(영문) 수원지방법원 2014.09.04 2014고단708
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 08:50 on December 21, 2013, the Defendant: (a) heard the phrase “brine” from the victim E (Nam, 29 years of age) who had a dispute with drinking alcohol in Suwon-si C on the ground that he/she would be bad; (b) described the victim as a dangerous object in that location; and (c) described the victim with approximately two weeks face of the right side, which requires approximately 1.2 cm treatment.

Summary of Evidence

1. Partial statement of witness E;

1. Photographs;

1. Order and reply of submission of the literature and tax by the ASEAN hospital;

1. Comprehensively taking account of the following facts: (a) an investigation report dated January 26, 2014; and (b) an investigation report dated February 20, 2014 on February 20, 2014 (the defendant was making a provisional rank and making a drinking; and (c) the victim’s face in the process of being taken over when drinking, the victim’s face was argued to be a top by the tables, grh or floor, etc.; (d) however, the victim’s upper part and depth, the victim’s consistently stated that he continued to go to an investigative agency and a medical institution; and (e) there is no circumstance to deem that the victim was in excess of the victim’s face while assaulting the Defendant; (e) the application of statutes can sufficiently be recognized as having been made by the Defendant, like the facts charged in the instant case, to the victim’s face.

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. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 186(1) of the Criminal Procedure Act, which bears the burden of litigation costs, [the range of recommending punishment] the case where a habitual injury, repeated injury, and special injury (Habitual injury, repeated crime, and special injury) is subject to special mitigation ( September-2 and June) [including special mitigation] minor injury, not subject to punishment (including advanced efforts to recover damage), or considerable partial damage is restored.

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