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(영문) 수원지방법원 2012.11.28 2012고단4823
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

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

At around 03:35 on August 19, 2012, the Defendant: (a) while divingd at the Defendant’s house located in Suwon-si, Suwon-si C Stud 305, the victim D (28 years of age), the victim E (29 years of age), and the victim F (27 years of age) toward the victims of the sound, i.e., sound from locking at the entrance of the studio to the outside of the window of the studio, with the victim “hing string, hinginging string, hinging string, hinging hinging string, 28cm in total) which was a deadly weapon at the stude of the Defendant; (b) and (c) the private stude (42cm in length, 28cm in length, 103cm in length; (c) and (d) the victim’s knick and hing knick to the victims.

The defendant tried to cut the knife of D's knife D's knife D's knife D's knife, and followed F's knife's knife, etc. that knife D's knife F's knife knife the knife.

Accordingly, the defendant carried a deadly weapon, threatened victims, injured D, and assaulted F.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement to F and E;

1. Written statements prepared in D;

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

1. A medical certificate of injury, on-site, and scarf photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Articles 260 (1) and 283 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutually violating the Punishment of Violences, etc. due to Intimidation, etc. by Carrying any deadly weapon at the time of making a sales);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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