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(영문) 수원지방법원 안산지원 2013.05.15 2013고단793
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

The defendant and the victim C(30 years of age) are relatives from the Chinese shipbuilding unit.

At around 23:00 on May 30, 2008, the Defendant, while drinking together with the victim at the home of the victim in Ansan-si D and 304 on May 30, 2008, performed a drinking dispute with the victim, was able to take the face of the victim once a week from the victim, and her head was taken one time with the kitchen knife (18.5cm in knife length) of the kitchen, which was a deadly weapon in the kitchen at the same time.

As a result, the defendant carried a deadly weapon and inflicted bodily injury on the victim about about 7 to 8 cm in the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Application of each statute on photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in light of the fact that he or she is repented, the commission of the instant crime in contingency, and the fact that he or she has no particular criminal history);

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration of the fact that the agreement is reached smoothly with the victim);

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