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(영문) 수원지방법원 2014.05.30 2013고단3794
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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A defendant shall be punished by imprisonment for one year.

The seized excessive one district prosecutor's office 2013No. 1735).

Reasons

Criminal facts

At around 22:00 on July 6, 2013, the Defendant: (a) under the influence of alcohol, had weak ability to decide on an object or make a decision; (b) caused the victim E (the age of 56) who is a workplace partner in Suwon-gu C, Suwon-si, Suwon-si (the age of 56) and liability repayment; and (c) caused the Victim E (the age of 56) to the left hand, which is a dangerous thing in possession of the knick (the age of 9.5cm and the total length of 20cm) while having a dispute with the said knick, and caused the Victim’s injury, such as the left knife, which requires treatment for the 21-day period, by fighting, such as the victim’s knife and knife and knife and knife the victim’s knife and knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Seizure records;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes concerning photographic images;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

1. Article 10 (2) and (1) of the Criminal Act, Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for conviction and sentencing under Article 48 (1) of the Criminal Act;

1. The Defendant asserts that there was no excessive dancing in the victim’s item.

However, the victim clearly states in the court that he/she threatened the defendant with excessive disclosure, and the victim is credibility in light of the content of the statement or the attitude of the statement.

Furthermore, considering the photographic image of the victim immediately after the crime, it is consistent with the victim's statement because there is a body that can be seen as glicking in the victim's knife with the victim's knife.

Therefore, the facts charged in this case can be accepted, and the defendant's assertion is not accepted.

2. The reason for sentencing (the range of recommendations) shall be habitual injury, repeated injury, and special injury.

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