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(영문) 수원지방법원 성남지원 2013.07.18 2013고단1008

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is the victim C(n, 39 years of age) and the pet, and the victim D(26 years of age) is the victim C and E's pet who knows with the victim C.

1. On March 22, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc., with a deadly weapon, etc.) caused the injury of the victim D by the knife of the knife, the knife of the knife, the knife of the knife and the knife of the knife, the knife of the knife of the knife, the knife of the knife, the knife of the knife, the knife of the knife, the knife of the knife, the knife of the knife, the knife of the 14-day knife, the knife of the knife, the k

2. On March 22, 2013, the Defendant: (a) 09:50 on March 22, 2013, the Defendant damaged the victim C’s head and body part by drinking and saliva, which had been returned to the above 105; and (b) the victim C’s inner diameter equivalent to KRW 270,000,00 of the market price was 2,70,000,000,000,000,000,000,000,

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

1. Statement of police seizure;

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

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the punishment of crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. are against the accused and agreed with the victims, the circumstances and degree of injury, and violence crimes, which were punished eight times, but which was finally punished in 2007, and all of them were punished by a fine, shall be determined by taking into account the following factors: