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(영문) 대전지방법원 천안지원 2013.10.10 2013고단879

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

The Defendant is a person working as a principal assistant at “Ecafeteria” located in Seoan-gu, Seoan-si, Seoan-si, and the victim F(36 years of age) is a ship yard in China’s nationality. The Defendant, around 19:30 on June 18, 2013, was a ship yard in Seoan-si, Seoan-si, and the victim’s F (36 years of age) damaged the victim’s left hand, and the Defendant, on the ground that the victim’s talks with the Plaintiff on the ground that the victim’s talks about his/her talks about his/her work, and that he/she does not know about the victim’s remaining hand, and damaged the victim’s knife-kick-kin (30cm in total, 19cc in length, knife-day, 19cm in knife-day, 4 weeks in the left-hand side of 4 weeks in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement related to F and G;

1. The body of injury, photograph of the criminal tools, written diagnosis of injury, scene, criminal tools, and photograph of the victim;

1. Application of existing laws and regulations of knife knife knife (30 cm in total length, 19 cm in knife, No. 1) to seized knife knife;

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 62(1) of the Criminal Act is as follows: (a) although the crime of this case is not good in light of the nature and degree of the injury suffered by the victim due to the case where the defendant display a knife, which is a dangerous object, and inflicted an injury on the victim, the crime of this case is deemed to have been committed by the defendant, without suppressing appraisal; (b) even if the defendant led to a confession of the crime and without suppressing appraisal, he/she deposited the amount of KRW 10 million for the victim, he/she shall be sentenced to the same punishment as the order within the prescribed period of punishment after mitigation of the statutory