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(영문) 수원지방법원 안양지원 2013.04.17 2013고단302
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

On December 14, 2012, the Defendant: (a) around 19:00, at the Defendant’s residence in Ansan-si, C 101; (b) together, at the Defendant’s residence in Ansan-si, the victim D (Nam, 30 years of age) was about the Defendant’s drinking room; and (c) the Defendant said C 10m of the victim’s drinking-water; and (d) C 10m of the victim’s drinking-water, a deadly weapon, which was placed on the Defendant’s drinking cream while taking a bath for the victim; (b) the Defendant d's drinking-water, a deadly weapon (Seoul, 22cm, 10cm in length, and 10cm in length), was collected, and the victim’s drinking-free days could not be known.

Accordingly, the defendant carried dangerous articles and inflicted an injury upon the victim who could not know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Police seizure records;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant reflects his/her mistake and the victim does not want the punishment of the defendant);

1. Article 62 (1) of the Criminal Act on the suspended execution (including the fact that the defendant has no record of serving a punishment heavier than suspension of qualification);

1. Article 48 (1) 1 of the Criminal Act applicable to sunset;

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