(영문) 전주지방법원 2005. 9. 21. 선고 2005고단412 판결[폭력행위등처벌에관한법률위반(야간집단·흉기등상해미수)][미간행]
Defendant
Madgetables
Attorney Choi Young-soo (Korean National Assembly)
A defendant shall be punished by imprisonment for not less than one year and six months.
The number of days detained prior to the rendering of this judgment shall be included in the above sentence.
except that the execution of the sentence shall be suspended for three (3) years from the date this judgment becomes final and conclusive.
The probation and community service for 120 hours shall be ordered to the accused.
On November 25, 2004, at around 01:30, the Defendant was arguing with Nonindicted Party 1 as a matter of female-friendly district of the Defendant’s operation of ○○○○○○, Mamsan-dong, Kim Jong-si, and then was assaulted with the victim Nonindicted Party 2 on the ground that the victim Nonindicted Party 2 said assaulted with the victim on the ground that he was frighted, the Defendant brought about a knife knife 1 (20cm in knife length) which is an object dangerous to the Defendant’s house by riding the knife of the knife and knife the above knife at around 02:0 on the same day. However, the Defendant attempted to knife the victim, but did not have attempted to commit the knife with Nonindicted Party 3 at this point.
1. Partial statement that conforms to the facts stated by the defendant;
1. Each legal statement of the witness Nonindicted 2 and 3 (Provided, That this does not include part of Nonindicted 2’s statement which is not trustable)
1. Each police statement made against Nonindicted 2 and 4
1. Police seizure records;
1. Provisions of applicable Acts to criminal facts;
Articles 6, 3(2) and (1), and 2(1) of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act
1. Aggravation for repeated crimes;
Articles 35 and proviso of Article 42 of the Criminal Act
1. Statutory mitigation;
Articles 25 and 55 (1) 3 of the Criminal Act (Attempted Crime)
1. Discretionary mitigation;
Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Articles 55 and 55 (1) 3 of the Criminal Act) (The fact that the victim does not want punishment as a result of the agreement with the victim and the victim has not been punished, and that the victim has depthed the crime)
1. Inclusion of days of detention in detention;
Article 57 of the Criminal Act
1. Suspension of execution;
Article 62 (1) of the Criminal Act (Consideration of the same Reasons for Discretionary Mitigation)
1. Probation and community service order;
Article 62-2 (1) of the Criminal Act
Judge Lee associate-hoon