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(영문) 수원지방법원 안산지원 2012.11.08 2012고단1448
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

[criminal record] Defendant A was sentenced to suspension of indictment on May 31, 2012 by the Suwon District Prosecutors' Office within the jurisdiction of the Suwon District Prosecutors' Office.

【Criminal Facts】

Defendant

A around July 4, 2012, around 23:30 on July 4, 2012, at around 16:08 of the same day from 308 of the members of the Ansan-si, Gyeonggi-do, the victim D (Nam, 45 years of age) who abused himself/herself, takes a bath to himself/herself, and concealed the excessive (e.g., 9cm length) which is a deadly weapon on his/her back part.

Accordingly, when the victim saw the part of the defendant's inner side and the breast part of the defendant's breast body in drinking, saw the defendant to walk out of the Gosiwon, the defendant saw the defendant to walk out of the Gosiwon. On the same day, around 23:33 of the same day, the above excessive amount was hidden to the victim who was flaging and driving away on the front side of the above C Gosiwon building, and caused the defendant's left hand, left part, the left part, and the left part of the body were flaged to the victim for about four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (including the substitute part);

1. Examination protocol of police suspect regarding D;

1. E statements;

1. Each investigation report, diagnosis report, and photograph related to the case;

1. Application of Acts and subordinate statutes to review materials about foreign crimes and investigation records;

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. According to Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., that the defendant deposited a certain amount for the victim, and the defendant repented his fault in depth, and the defendant's health is not very good) of the Criminal Act, there are favorable circumstances for the defendant, such as that the defendant repented his fault in depth. However, the victim's damage due to the crime of this case is heavy and has a considerable period of time after the crime.

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