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(영문) 수원지방법원 2013.11.27 2013고단5128

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

The Defendant, as a company member, worked together with the victim C(34 years of age) in the “D” company.

On September 2, 2013, around 23:25, the Defendant, on the street in front of the building E, and on the ground that the Defendant, on the ground that he had talked about the above “D” due to the wage problem that the Defendant had been in the said “D,” and the Defendant, on the ground that he had talked about the above “C” on the part of his own vehicle parked in and around the surrounding area, carried out a protruding knife (total length 21cm and 9cm in length), which is a dangerous thing in his own vehicle and put it toward the victim’s left arms.

The Defendant, as above, knife C with a knife knife, who is a dangerous object, brought to the above C the unclaimed knife of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to photograph victims at the scene of the case;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 201)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;