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(영문) 전주지방법원 2013.09.26 2013고단1690
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. From June 30, 201: (a) around 01:20 on June 30, 201, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.), the Defendant inflicted an injury on the victim of the following: (b) on the part of the Eju region operated by the victim D (Inn, 52 years old) of the complete mountain-gu Seoul Special Metropolitan City on the ground that the drinking value has increased; and (c) the beer’s disease, which is a dangerous object on his/her customer, was left as the victim; and (d) the head of the Macer’s disease, which is a dangerous object on his/her customer, took the victim’s right growth; and (d) the Defendant inflicted an injury on the victim by a

2. The Defendant violated the Punishment of Violences, etc. Act (a collective weapon, etc.) cited a kitchen knife, which is a dangerous object by leaving a kitchen at the same time and at the above place for the foregoing reasons, and thereby, the Defendant threatened the victim, such as taking a kitchen knife at one time with the kitchen knife, by stating that the victim in the name unrest of his/her name, who was going to be a guest, would put him/her in the eye (hereinafter referred to as D).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act concerning the punishment of a deadly weapon;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (a favorable consideration, such as the confession of and reflects against the crime by the defendant, the victim D and smoothly agreed, and the absence of a criminal record exceeding the fine prior to the instant crime);

1. It is so decided as per Disposition on the grounds that the suspended execution is more than Article 62 (1) of the Criminal Act (recognisive consideration);

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