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(영문) 수원지방법원 2013.05.15 2013고단806
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 07:00 on January 20, 2013, the Defendant, who was a person of Mongolian nationality, was drinking together with the victim D and nationality Mongolia in the dormitory of the company of Mongolia, and was under drinking together with the victim D and nationality Mongolia. In the process of avoiding the victim who was under the influence of alcohol, the Defendant fightingd with the victim in his body during the process of preventing the victim from suffering from the ward, and knifeeded with D, which was a deadly weapon that was in the state of the kitchen, and knife at least once during the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of examination of a police suspect against D;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that an agreement is made with the victim, and the fact that the defendant appears to be an contingent crime that has been committed by making the defendant face of violence from the victim);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

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