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(영문) 수원지방법원 2016.02.03 2015고단5347

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 23, 2015, the Defendant: (a) around 09:00, at the second floor of the Songpa-gu Seoul Special Metropolitan City Construction Site on the ground that the section used for the public use of the victim D (54 cm) was placed in any place; (b) knifeed the knife part of the electric sawsaw (weight of 5 km, width of 30 cm) which is a dangerous object used by the Defendant, and (c) knifeed the victim for about two weeks after the victim was placed in a knife for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. According to Article 62(1) of the Act on the Suspension of Execution, considering the following factors: (a) the risk was considerable in light of the method and tool of the Defendant’s crime for sentencing; (b) the Defendant did not receive a letter from the injured; (c) the Defendant was punished for violent crimes; (d) the Defendant appears to have paid the victim’s medical expenses; (e) the Defendant did not have any record of punishment exceeding the fine; and (e) the Defendant did not have any record of punishment; and (e) the conditions of the sentencing indicated in the record and theory of change