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(영문) 수원지방법원 평택지원 2012.12.27 2012고단1361

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

Defendants shall be punished by imprisonment for one year and six months.

However, it is against the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 17, 2012, the Defendant, at around 20:30 on November 17, 2012, took part of the part of the victim’s right-hand part of the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif kn

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. When the victim A (year 45) committed the above violence at the above date, time, and place, Defendant B brought an injury in which the victim’s head was unknown, such as the victim’s head was cut one time at the horizontal belt (1m in length) which is a dangerous object in the way of the above location, and the victim’s head was teared about 3 cm, and the victim’s head was cut out, and the victim’s head was cut out.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of D;

1. Application of police seizure records and list statutes;

1. A of the relevant criminal facts: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) 2 of the Criminal Act: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act;

1. Discretionary mitigation of Defendant B: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the fact that the instant crime was led to confession, reflect, and not repeating the crime; the fact that contingent crimes were committed; A agreed upon with Defendant A, the injured party; and A did not want the punishment of the accused; and there are family members to support);

1. The Defendants in a suspended sentence: (a) the Defendants 2 of Article 62(1) of the Criminal Code repeated reasons for the said discretionary mitigation; (b) Defendant A led to the confession and reflect of the instant crime; (c) was a contingent crime; and (d) Defendant B and the Defendant B, who was the victim, agreed to the Defendant.