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(영문) 수원지방법원 평택지원 2013.05.09 2013고단399
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

The defendant is a person working as a production worker at the "D" company for the motor vehicle parts manufacturing business in Pyeongtaek-si C, and the Chinese nationality E, which is the victim, has not been disputed between the victim and the previous company due to the problem on the day of the company.

At around 19:30 on April 2, 2013, the Defendant: (a) left the victim who was on board the company’s commuting bus in front of the Pyeongtaek-si cafeteria; (b) taken away the kitchen knee (20cm in length) which is a dangerous object in the kitchen that continued to walk on 2-3 occasions, etc.; and (c) took a kitchen knee (20cm in length) which is a dangerous object in the victim’s left-hand side of the victim’s right-hand side, and inflicted an injury on the victim in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The police seizure record and the list of seizure;

1. Application of each damaged photograph, deadly weapons, and Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is a case where the defendant inflicts bodily injury on the victim with the kitchen knife, which is a dangerous article, and the crime is not less than that of the crime in light of the method and result of the crime.

However, in consideration of the various factors of sentencing, such as the fact that the defendant recognized the crime, committed a mistake, and the defendant agreed with the victim, a suspended sentence should be imposed on the condition of community service order through discretionary mitigation of statutory penalty.

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