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(영문) 수원지방법원 안산지원 2014.02.20 2013고단2415
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a neighbor who lives on the loan such as the victim C(48 years of age).

On July 13, 2013, around 17:00, around the victim's house, the Defendant corrected the door door door to prevent other persons from cutting down the plant on the above Ba 202, while growing the plant on the Ba Ba Ro Do 202, and the victim voluntarily released the corrective device and opened the rooftop door on the ground that the victim opened the rooftop door at his own discretion, cut off the victim's neck in hand and opened the victim's face, which is a dangerous object (90cm in length) at all times and at all times, the victim's Do Do Do la 202. The Defendant laid the door door by cutting down the victim's house door by the above Do Do 202, and laid off the door door.

As a result, the defendant carried dangerous things with the victim's injuries such as shelshes in treatment days, and damaged the entrance door owned by the victim so that the market price is disturbed.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Partial statement of the witness F in the court;

1. Some police suspect interrogation protocol against the defendant;

1. Police suspect interrogation protocol regarding C;

1. Statement to E by the police;

1. Part of the police statement concerning F;

1. Police seizure records;

1. Application of the Act and subordinate statutes to the scene photographs, shot photographs, and the upper part of the body photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 3 (1) and 2 (1) 1 of the same Act, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 2 (1) 1 of the Criminal Act, and Article 257 (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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The victim of the reason for sentencing under Article 48(1)1 of the Criminal Act is not punishable.

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