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(영문) 수원지방법원 2014.07.23 2014고단2565
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

[2014 Highest 2565] On April 30, 2014, when the Defendant dialogues with the president of the main shop in D’D’ in Suwon-gu, Suwon-si, Suwon-si, on the ground that the victim E (year 51) fell into the conversation, the Defendant left two times the head of the victim’s body with an empty space, which is a dangerous object in the table, and put about two weeks of treatment to the victim.

[2014 Highest 3067] On May 19, 2014, the Defendant: (a) around 22:40 on May 19, 2014, at the G “G” restaurant located in Suwon-gu F, Suwon-si, the employees of H (the age of 21) and Sivic, and (b) went back by putting the food blade (the total length of 30cm, the blade length of 20cm) on his hand in his/her back.

Accordingly, the defendant carried a deadly weapon that is likely to be used in assaulting or threatening others without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, H and I;

1. Written Statement;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (1) of the Criminal Act, Article 7 of the Punishment of Violences, etc. Act;

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

1. Article 53 or 55(1)3 of the Criminal Act for discretionary mitigation (i.e., confession, reflectivity, and the fact that an agreement has been reached with the victim E);

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

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