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(영문) 수원지방법원 안양지원 2014.04.11 2014고단172

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 22, 2013, at around 21:15, the Defendant, while drinking together with C (the age of 52) who had a horse dispute with the victim who had a drinking at his residence, brought about a knife and knife the victim with a deadly weapon 19cc in his country, and put the victim's left back and left hand, etc., and put the victim's head on one occasion with a knife knife which had been placed in his country, and put the victim's head on a knife of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of the Acts and subordinate statutes to C’s influoric photo, knific photo, knific photo;

1. Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act concerning the crime

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the sentence of Article 62-2 of the Criminal Act was imposed on the same criminal record and multiple criminal records of sentencing, and in particular, even though the sentence was imposed on the sentence of imprisonment on 2008, it is also possible to impose a strict punishment on the defendant. However, considering the fact that the defendant is against the crime, the victim does not want the punishment, the victim is a contingent crime, the victim is an contingent crime, and the victim supports the birth that became disabled due to traffic accident, the sentence shall be determined as per the disposition.