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(영문) 수원지방법원 2014.02.06 2013고단6882

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 became final and conclusive.

Reasons

Punishment of the crime

At around 12:00 on November 5, 2013, the Defendant, at the E main point in the operation of the Victim D (Inn, 46 years of age), brought about a dispute with the victim, and then, at around 19:40 on the same day, tried to find back as the above E main point in the second E main, the victim's timber was cut, pushed down, pushed down the victim's timber, pushed down the victim over the floor, cut down the part of the victim's knife with the other hand, and sustained the victim's knife with the knife in the upper part of the victim's knife in need of treatment for about 2 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of the fact that the defendant is against his/her will and the victim does not want the punishment of the defendant);

1. It is so decided as per Disposition on the grounds of not less than Article 62 (1) of the Criminal Act (the same grounds as the above);