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(영문) 수원지방법원 안산지원 2016.05.26 2009고단2309

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

One knife (No. 1) seized shall be forfeited from the defendant.

Reasons

Punishment of the crime

At the defendant's house located in Ansan-si, No. B 105, the defendant was satisfing with the victim C (40 sat) and satisfing together with his house while drinking together with his house, and he was satfing with his satching dispute, and again returned to the defendant's house.

At around 01:00 on May 24, 2009, the Defendant, at the home of the above Defendant, reported on May 24, 2009, that the victim, who was unftened, has concealed the authorization of what was later, by hand, away the things under the supervision of the Washington, and turned over (1.5m in the blade length) which was a lethal weapon in the ward where he had been living in the ward, and served with the victim with the ear and neck of the victim.

After all, the Defendant carried a deadly weapon with a deadly weapon and carried the victim's clothes, which could not be known about the number of days of treatment.

Summary of Evidence

1. Statement of the first trial record against the defendant;

1. Statement made to C by the police in the protocol; and

1. Application of each Act or subordinate statute of a seizure protocol, investigative report, investigation report (a counter investigation of a doctor and a medical treatment record);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 48(1)1 of the Confiscation Criminal Act does not apply the sentencing guidelines, because they are not applicable laws that can be directly applied to the sentencing guidelines set by the Sentencing Committee. However, the sentencing factors and some of the sentencing guidelines should be taken into account. The defendant’s knife and the part of the victim’s knife, etc. using excessive amount, are highly likely to commit a crime, with heavy risk of committing a crime and criminal situation, without attendance at the sentencing date, escape without attendance at the sentencing date, and an agreement with the victim, etc., shall be determined and sentenced to the same sentence as the order, taking into account all the circumstances.

It is so decided as per Disposition for the above reasons.