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(영문) 창원지방법원 2013.12.13 2013고단2655
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:50 on August 30, 2013, the Defendant used a knife, which is a deadly weapon (32cc in total length, 20cc in knife length, 20cc in knife length) that was under dispute with the victim and F while drinking alcoholic beverages together with the victim and F, and put the victim’s left knife of knife one time with a part of the victim’s knife requiring approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with respect to F;

1. Statement made by the police about D;

1. Seizure records;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Consideration under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (a favorable consideration, such as the fact that it is against the misunderstanding of a person who committed a crime, the fact that the degree of injury to the victim is not excessive, the fact that the victim agreed with the victim, and the fact that it is an initial criminal without criminal power);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. It is so decided as per Disposition on the grounds of Article 62-2 (1) of the Criminal Act or more;

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