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(영문) 대구지방법원 서부지원 2015.12.15 2015고단1793

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on May 17, 201, entered the Republic of Korea as a non-employment visa (E-9) and was able to stay in the Republic of Korea until March 16, 2016. From March 2015 to March 16, 2015, the Defendant began living together in the Defendant’s residence in Daegu-gu D and 103 from June 2015, and the Victim E (E, Vietnam, South, and 29 years old) was the victim, around February 2013, 201, who was able to stay in the Republic of Korea by March 16, 2016.

On October 18, 2015, at around 03:15, the Defendant observed “G” in front of the Daegu Seo-gu F, which is located in the “G,” and waited for C with the victim and C, who are in danger of being kept in the Defendant’s dwelling, spawn (19cm in length) and sent the kitchen blade one time to the victim, and even if the victim had left the port to defend, the Defendant had knicked the said knife more than once and waited for about 4 weeks of opening the left-hand room.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. A written request for cooperation in investigation;

1. Application of Acts and subordinate statutes to a written request for cooperation in investigation;

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 (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the Act (see, e.g., Supreme Court Decisions 20

1. Article 48 (1) of the Criminal Act of confiscation;