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(영문) 수원지방법원 2015.02.11 2014고단6915
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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 03:30 on August 18, 2014, the Defendant: (a) while drinking alcohol at “Eju” operated by the victim D in Osan-si, Osan-si; (b) on the ground that the phone calls to the wife and the victim had been blickly changed; (c) the Defendant’s sound had been in a dispute with the wife and the victim, and (d) caused the Defendant to inflict an injury, such as mercury, etc., to the victim for approximately two weeks of treatment, by taking advantage of the part of the victim’s head.

In this way, the defendant carried dangerous articles and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, D, G, and H;

1. Each photograph (the sequence 3,7 of the evidence list);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Taking into account all the circumstances, including Article 62(1) of the Criminal Act, Article 62(1) of the suspended sentence, the reason for sentencing [type of crime] / Type 1 of special injury by violent crime group / [territory of territory and scope of recommendation] basic area - 2 years of imprisonment or 4 years of suspended sentence of imprisonment [decision of sentence] - 3 years of suspended sentence of 2 years of suspended sentence of 2 years of imprisonment - Defendant has no criminal record exceeding fine although the defendant had the same criminal record as the defendant, and Defendant appears to have committed the instant crime contingently due to the victim's act, and efforts to recover damage

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