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(영문) 수원지방법원 2013.04.10 2012고단6259
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 22, 2012, around 23:35, the Defendant took a dispute with the victim D, a workplace partner, at the entrance of the front underground parking lot in Suwon-si, Suwon-si, on the ground of disregarding himself/herself, and caused him/her to the wall, and caused him/her to the wall, and then, he/she saw him/her into the inner side of the victim’s left side by cutting off a shoulderer who was a dangerous object, and caused him/her to be treated for approximately two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement to E by the police;

1. All on-site photographs;

1. In light of the surrounding circumstances such as the victim's upper part of the victim D's body and the defendant's possession of a shouldered ward, the defendant's argument is rejected since the defendant, not the be a beer's body, appears to be a beer's body on the part of the shouldered disease, and the defendant's body was a beer's body.

Application of Statutes

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the punishment of a fine is imposed in addition to the fine imposed by a defendant, and the degree of injury inflicted by a victim is insignificant compared to his or her wife, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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