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(영문) 수원지방법원 안산지원 2013.04.12 2013고단235

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 14:00 on September 7, 2012, the Defendant, while drinking alcohol together with the victim E (year 41) in the “Dhop” located on the second floor of the Dong-gu Seoul Building in Ansan-si, the Defendant, who was living together with the victim E (the 41-year-old) was bread by the victim for an unforeseen reason, and the Defendant, who was living together with the Defendant, breaddd the scam of the Defendant, found the transition ( approximately 20cm in total length, approximately 10cm in length on the blade day) as a deadly weapon in 409, which was the Defendant’s dwelling, again carried out the above excessive shoulder on one-time left shoulder where the victim’s treatment days cannot be known to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to field photographs and photographs damaged by victims;

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. As to the Defendant’s assertion of Article 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006) of the Criminal Act (see, 2006Da1448, Feb. 28, 2009), the Defendant asserted that the Defendant was in a state of mental or physical disability due to drinking at the time of the instant crime. As such, the Defendant was aware of drinking at the time of the instant crime, and the record reveals that the Defendant was in a state of mental or physical disability at the time of the instant crime. In full view of the developments and results of the instant case, the Defendant’s behavior before and after the crime, and the circumstances after the crime,