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(영문) 수원지방법원 2015.09.07 2015고단2700
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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 became final and conclusive.

Reasons

Punishment of the crime

The defendant, along with the victim C(32 years of age), was working in a middle restaurant, and the business owner and the business owner have ceased to exist, and the victim was dissatisfied with his/her refusal to resign and found the victim.

On May 29, 2015, the Defendant: (a) around 15:05, around 15:05, at the 2nd restaurant of “E”, the Defendant was able to take a dangerous knife a knife ( approximately 25 cm in total length, 12 cm in knife) to the victim; (b) knife the victim’s knife by walking the victim’s knife; (c) flife the victim’s knife in the direction; (d) flife the victim’s face from the floor; (e) flife the victim’s body on three occasions with drinking; and (e) flife the knife the head.

As a result, the defendant carried a knife, which is a dangerous object, and inflicted an injury on the victim, such as the left-hand side and the knife in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A written diagnosis of injury;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution is as follows: (a) type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Special Bodily Injury) (one year and six months) (one year and six months), the mitigation area (a person who is subject to special mitigation] (a person who is subject to special mitigation] possibility of causing greater harm to the victim; (b) the defendant could have been punished for violent crimes; (c) the defendant could have been punished for such violent crimes; (d) the defendant's mistake was recognized; (d) the defendant has no record of punishment exceeding fines for violent crimes after 194; and (e) the sentencing conditions specified in records

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