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(영문) 수원지방법원 안산지원 2012.12.27 2012고단2368

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:50 on September 8, 2012, the Defendant carried a shoulder beer disease, which is a dangerous object, and caused the victim’s left part to 3:4 times to 4 times by carrying a knife, and the victim’s D (the age of 32) who drinked alcoholic beverages on the side table, was injured by the victim’s injury, such as a fnife in the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of statutes on emergency medical records;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the degree of injury of the victim, the victim does not want the punishment of the defendant, and the fact that the defendant is the initial offender and is against him/her);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);