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(영문) 수원지방법원 2013.06.05 2013고단1467

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

Punishment of the crime

At around 00:30 on March 26, 2013, the Defendant: (a) was a foreigner of Chinese nationality; (b) on the street, the victim E (36 years of age) who is a workplace partner, was in dispute with the Defendant’s female-friendly Gu on the ground that he did not take an examination; (c) took out the transition (15 cm length of the blade) of a deadly weapon, which was held in advance, from the back money, and took out a deadly weapon (15 cm length).

Therefore, while the victim knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the agreement with the victim, the fact that contingent crimes are seen, the injury is relatively minor, and the defendant has no power to commit the same crime);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Article 48 (1) 1 of the Criminal Act to be confiscated;