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(영문) 수원지방법원 2014.02.05 2013고단6042
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, as a person engaged in agriculture, is 62 years old and adjoining to the Defendant. At each time, at the victim’s house located in a higher area than the Defendant’s house, the Defendant did not take any measure against the Defendant’s entry of soil from the victim’s house to the Defendant’s house.

At around 08:35 on September 8, 2013, the Defendant, at the end of the victim's house located in Da in Sungsung-si on the ground that the boundary signs located between the victim's house and the defendant's house are slicked, was removed, and the knicked victim returned home to the port, and the knick, which is a dangerous object that he had the above 40cm in total length and 8cm in length on the day), knick (the 40cm in total length, the 8cm in length on the day, the knick, the knick, and the knick part in need of medical treatment for about three weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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 (see, e.g., reflective points, contingent charges, and agreed with the victim);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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