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(영문) 수원지방법원 2014.03.14 2013고단5322

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 21:00 on August 21, 2013, the Defendant: (a) claimed Dinsen in Osan City C, and (b) claimed the victim E (n, 51 years of age) and the preceding day; (c) sought to cover the victim with the kitchen (the total length of 29cc, 17ccm in blade) which is a deadly weapon; (d) made one stop of the part of the victim’s left shoulder, which is a dangerous object, and inflicted an injury on the victim, such as the left shoulder of the victim, which requires treatment for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of punishment of the accused, degree of damage, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Reasons for discretionary mitigation);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The defendant and his defense counsel asserted that the defendant attempted to knife the victim at the time or did not shoulder the victim's shoulder by the knife examination. However, the following circumstances acknowledged by the records of this case are as follows: the victim's consistent statement about the part that the defendant was placed on a knife examination; the defendant prepared the knife and knife examination against the victim while under the influence of alcohol; and the police officer called the victim on the day of this case stated that the defendant was placed on a knife examination; in light of the fact that the victim's false statement was not deemed to have been made at a short time, the defendant could not accept the above assertion because the defendant attempted to knife the victim at the time or shoulder the victim by the knife examination.