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(영문) 전주지방법원 남원지원 2016.03.02 2015고단290
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 14:30 on November 21, 2015, the Defendant, within D warehouses located in Namwon-si, Namwon-si around 14:14:30 on November 21, 2015, was punished for trial expenses due to the relationship between the victim E (33 cm) who is a partner’s interest and the relationship with the business, and the Defendant, as a deadly weapons (20 cm in length, 34 cm in total length, 1 cm in knife), which were kept in the above warehouse, and as a deadly weapons (20 cm in length, 34 cm in length, and flife in knife in knife with the victim’s knife with the knife and left hand, and led the victim to a knife.

After all, the defendant, carrying a deadly weapon with him, inflicted an injury on the victim's "an open wound" in view of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. Police seizure records;

1. Application of Acts and subordinate statutes to report internal investigation (i.e., seized articles and field photographs);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Code is highly likely to cause an injury to the victim by the defendant in knife.

However, the fact that the defendant reflects the defendant, there is no previous conviction other than a fine, and there is no previous conviction subject to punishment for the same kind of violence, the fact that the victim does not want the punishment for the defendant by the defendant's agreement with the victim, considering the circumstances favorable to the defendant, and the punishment shall be determined like the disposition, taking into account all the various sentencing conditions specified in the argument of the case.

It is so decided as per Disposition for the above reasons.

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