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(영문) 창원지방법원 통영지원 2013.08.21 2013고단294

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

On April 22, 2013, the Defendant: (a) notified the victim D(25 years of age) who was son (the victim) at the ward C and 201 in Young-si, Si, 19:34, that the said house was not repaid after receiving a loan for money as collateral; and (b) provided the victim with a notice that the decision to commence the said house was made; (c) during the tree, the victim was able to take a knife a knife a knife, which is a dangerous thing that had been in the kitchen at the same time the knife of the knife, and had the victim knife a knife with the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Records of seizure and the list of seizure;

1. A photograph of the scene of crime, photograph of the injured part, and a knife photograph;

1. Application of an investigation report (the degree of injury), an investigation report (the confirmation of injury of a victim), copies of medical records, and statutes;

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. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, the fact that the victim does not want the punishment of the defendant, circumstances of the case, etc

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;