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Reasons
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(영문) 수원지방법원 2016.02.04 2016고단18
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, after his parents divorced in 2010, resided with D in 2010, had 3 to 4 times a year from her father E and had her father traveling from 1 year, on December 20, 2015, the Defendant had her drinking place in E’s residence in Suwon-si F at around 02:00.

E and E are in combination with victims G (38 tax).

On December 20, 2015, at around 04:10 on December 20, 2015, the Defendant: (a) sought food blades (32cm in total, 20cm in length) which are dangerous goods at the kitchen cinging at the place; (b) sought a knife, such as the right side of the victim who tried to restrain the knife the knife from the skin to the chest mouth of the 2nd knife of the waste; (c) flife the knife the knife of the knife and the knife of the knife, which is open within the nife mouth of the knife; and (d) flife the knife and the knife, the victim and the knife to take the knife, and the knife knife to the left part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by each prosecutor's office with respect to E and G;

1. A protocol of seizure and a list of seizure;

1. On the spot and photographs of seized articles, and victim photographs;

1. Application of Acts and subordinate statutes to opinions and copies of medical records;

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 suspended execution;

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

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act for sentencing are based on the premise that the Punishment of Violences, etc. Act applies to the crime of carrying and injuring deadly weapons, such as the instant case. Therefore, the sentencing criteria cannot be followed in this case where the statutory penalty is applied more minor criminal law.

The degree of injury, the defendant's depth reflects in custody for more than one month, contingent crimes, and the victim is not punishable.

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