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(영문) 수원지방법원 2013.06.05 2013고단546
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:25 on January 14, 2013, the Defendant expressed D’s desire to “this kind of year in which D is liable” on the ground that D’s disregarding himself/herself, regardless of his/her intention, was neglected, on the ground that D’s disregarding himself/herself, in the elevator located in Suwon-si, Suwon-si, C apartment 115, 104 Dong 3-4 Ra, and the victim E (18 years old) who is his/her children.

After that, the Defendant: (a) laid the victim’s face at hand, which is a deadly weapon with a deadly weapon with the victim’s walked knife; (b) took two times with the left hand; (c) had the victim’s face at the entrance after the elevator stopped on the first floor; and (d) continuously escaped from the same apartment guard room; (b) had the victim walked with her face and her seat with knife with her hand, and her fingers with her hand, with the victim who escaped from the same apartment guard room; and (c) had the victim her eyeed with her face and her seat with her hand; and (d) had the victim her face, head, and her part of eared five times by drinking.

2. The Defendant violated the Punishment of Violences, etc. Act (collective assaulting with a deadly weapon, etc.) committed an assault to the victim D (the age of 55) with head and shoulder with a knife while carrying a knife knife with a deadly weapon at the entrance of the first floor apartment as stated in paragraph (1) of the same Article.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to each photograph (No. 5 and 11 No. 5 of the evidence list);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act;

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

1. Article 53 of the Criminal Act for discretionary mitigation.

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