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(영문) 수원지방법원 2013.11.28 2013고단5112
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 03:10 on August 24, 2013, the Defendant: (a) under the influence of alcohol, at the Defendant’s house located in Yeongdeungpo-gu C Apartment 803 205 dong 205, the Defendant considered the Defendant’s wife to take the Defendant’s cell phone image on his cell phone; (b) the Defendant’s wife D (35 years of age) taken the Defendant’s cell phone on his cell phone; and (c) the Defendant used the kitchen (200cm in the blade length) which is a dangerous object in the kitchen-gu chilling counter; and (d) the Defendant clicked the victim’s left cover and right finger, and knife the victim’s knife and the knife and the knife of the kitchen-gu 803 knife knife knife knife knife knife knif.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes governing photographs of victims;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the fact that the defendant is against his/her will and the victim does not want the punishment of the defendant);

1. Article 62 (1) of the Criminal Act (the same reasons as the above) of the suspended execution;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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