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(영문) 수원지방법원 2013.06.28 2013고단1046

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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Around 09:50 on February 28, 2013, the Defendant, at the construction site located in Ssung C, and carried out basic steel bars with the victim D (the age of 53) on the ground that the victim's shocked the work, and caused the victim's injury, such as the heat of the head of the back to the left side of the victim's left part of the knife (the length of 42 cm) which is a dangerous object brought about by the victim and brought about the victim's knife at one time, resulting in the victim's injury on the back of the 14-day left part of the knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes concerning photographic images;

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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant repents his mistake, that the defendant agreed to do so smoothly with the victim, and that the victim's injury has not been serious);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the preceding);

1. Probation and community service order under Article 62-2 of the Criminal Act;