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(영문) 창원지방법원 진주지원 2013.10.15 2013고단936
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 17:10 on July 28, 2013, the Defendant, within the 'E' restaurant operated by the victim D (n, 48 years of age) in Jinju-si, the Defendant, without permission, brought about an agreement on the case reported as a crime of intrusion upon residence with the victim's restaurant, and brought about a dispute with the victim's desire and her knife (the total length of 30cm) that was dangerous in the main room, and reached knife below the bones of the victim's right side.

As a result, the defendant carried dangerous things with the victim's 14-day medical treatment, resulting in the victim's injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Seizure records;

1. A copy of a request for examination and treatment of an emergency patient, a report on appraisal or commission, and medical records;

1. Application of Acts and subordinate statutes to the scene of crime and 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration of the points agreed upon);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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