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(영문) 수원지방법원 여주지원 2013.09.25 2013고단797
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

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

On August 14, 2013, at around 21:30, the Defendant expressed the victim E (the 61-year-old age) who was in the same manner D wishes to “I am out of the Cpatch”, and “I am out of the Cpatch. I am like D, because I would like to find the disturbance by avoiding the disturbance, such as parking the vehicle before the Defendant’s house, and find the dissatisfaction.”

Accordingly, the victim's face when the victim faces the face of the defendant by hand, and the defendant was "the spacker, to spack the defendant," and the defendant was "the spacker, to spack the defendant," and the defendant's house had excessive (the total length of 19.5cm, 9.5cm in length, 9.5cm in length, and spack 1) which is a dangerous object in his house at the defendant's house, and "the victim has been deducted from the knife," and the victim threatened the victim "the knife in this knife and the upper part of the upper part, such as the left part of the victim's knife in the number of treatment days (the knife depth of 1.5cm in size

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Investigation report (investigation, etc. into the on-site conditions);

1. A suspect, witness, or victim photograph;

1. Written opinions of opinions;

1. Address photographs of the case;

1. Search site photographs of criminal tools;

1. Application of current legislation (No. 1) of one point (No. 19.5 cm in total length, 9.5 cm in blade) seized;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the confession and reflectability of the defendant, and the fact that the victim does not want the punishment of the defendant);

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act [the scope of applicable sentences]

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