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(영문) 수원지방법원 여주지원 2013.10.29 2013고단855

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

around 00:40 on August 6, 2013, at the entrance of the 103 underground parking lot, the Defendant: (a) sought an disturbance and bullying from the Defendant’s house on the ground that D finds it at the multiples operated by his mother; (b) carried with him a knife (30cm in total length, 17cm in knife length) a dangerous object at the Defendant’s house; and (c) performed treatment of the victim E (34 years old in the vicinity of the said apartment parking lot with his name attached to D’s name and going out of the outside; and (d) took a hife the victim’s left knife that it is necessary for the victim to take care of the knife knife in the left part of the instant apartment parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. Seizure records;

1. A written diagnosis of injury to E;

1. Application of Acts and subordinate statutes to damaged parts and knife photographs for main purpose;

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. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that while the defendant, while carrying a knife and finding a person who was dissatisfied with the ordinary knife with the defendant, knife the knife on the ground that the victim without any relationship with the defendant met him. Thus, in light of the motive and method of the above crime, the social risk is high, and the degree of injury of the victim is not weak.

However, it is the same as the order after considering all the circumstances revealed in the trial process of this case, such as the fact that the defendant has no criminal records heavier than the suspension of execution, the full agreement with the victim is reached, and the crime of this case is contingent.