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(영문) 수원지방법원 2014.04.23 2013고단6713

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 22:50 on September 1, 2013, the Defendant: (a) assaulted himself on the ground that D University Nos. 2 life group 102 in Masung-si, and (b) the Defendant refused to change the room of a dormitory; (c) assaulted himself; (d) the victim E (the age of 25, South) used a dangerous weapon in the room, such as a knife, knife (the knife length of 18cc) and inflicted injury on the victim on the part of his arms and parts, such as the knife of the knife, the knife of the knife of the right part in the right part and the damage

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. The police seizure record and the list of seizure;

1. Each photograph (the No. 5,8 of the evidence list);

1. Application of Acts and subordinate statutes to report on investigation by prosecutors (compacting medical certificates, etc. for victims E);

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. Taking into account all the circumstances, such as the fact that the defendant's reason for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act reflects his fault in depth, the fact that the victim does not want the punishment against the defendant by agreement with the victim, the fact that the defendant seems to have no particular domestic criminal power, and the part and degree of the injury suffered by the victim, etc.