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(영문) 광주지방법원 해남지원 2013.05.01 2013고단32

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

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 22:25 on February 26, 2013, the Defendant: (a) around 22:25, at the accommodation of the employee of the ship of Jindo-gun, Jindo-gun, the Defendant carried out a chest with a knife (13cm in blade length, approximately 24cm in total length), which is a dangerous object in the toilet, for the reason that the victim D (D and 26 years of age) was able to take an examination for a woman living alone; and (b) once, the Defendant carried out a fnife with a knife, which requires approximately three weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, G, and H;

1. A medical certificate;

1. Records of seizure and the list of seizure;

1. Application of statutes, such as site photographs;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the injured party does not want the punishment of the accused, and his/her mistake is repented in depth and reflected);

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) and (in addition to the grounds for discretionary mitigation, the Defendant’s age, character and conduct, family environment, circumstances after committing the crime, etc. recorded in the records of this case) of the Criminal Act;