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(영문) 수원지방법원 안양지원 2015.07.24 2015고단795

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

A seized road kacker (No. 1) shall be confiscated.

Reasons

Punishment of the crime

At around 22:40 on June 5, 2015, the Defendant: (a) had a deadly weapon, a deadly weapon (the total length: 14 cm, 14 cm: 4.5 cm: : 4.5 cm) in possession of the victim’s left side and side side part of the victim’s knife, and (b) had a knife back the victim’s left side part of the victim’s knife with the knife knife of the knife, knife, and knife the victim once.

Accordingly, the defendant carried a deadly weapon with a knife and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site and criminal tools, and photographs of damaged parts;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. The reason for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act / [the scope of recommendation] The sentence shall be sentenced to a second offense during the period of suspension of the execution of the same kind of punishment (including a person who has been subject to special mitigation in one year and six months to two years) and the mitigated area (one year and six months), i.e., the mitigated area (a person who has been subject to special mitigation), i.e., the decision of the sentence, but the defendant's pro-Japanese victim does not want to be punished from the investigation stage (the victim did not submit a diagnosis of the injury to the defendant) and the fact that there is a high school student's child to be supported by the defendant, and the period of imprisonment shall be fixed by one year and six months.