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(영문) 수원지방법원 안산지원 2013.10.30 2013고단2004
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:30 on September 8, 201, the Defendant: (a) stated that the victim E (the aged 42) who drinked alcoholic beverages on the side table table c “D” was “d,” while drinking alcoholic beverages at the bar of the trade name “D” in Ansan-si, Ansan-si; (b) stated that the victim E (the aged 42) who carried on alcoholic beverages on the side table clock was “dhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh ( the total length: 36 cm, 24 cm, and mhhhhhhhhhhh) of the victim E, who carried on a dangerous object in possession of the Defendant’s home, caused the victim E to take a right sidehhhhhhhn

Then, the defendant, who took part in the victim E, was the victim F(39 years of age) and the body fighting of the victim E, followed by the victim F's side, flag, head, left-hand knife and hand, etc., and put the victim F with the above knife to the left knife in need of approximately four weeks of medical treatment.

As above, the Defendant carried dangerous articles and inflicted injury on the victims, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement concerning F, G, E, and H;

1. Seizure records;

1. Each photograph;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

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

1. Consideration under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the penance, the commission of the instant crime by contingency, the deposit of KRW 500,000 for the victim E, and the smooth agreement with the victim F);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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