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(영문) 의정부지방법원 고양지원 2013.11.28 2013고단1168
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From around 23:00 to 24:00 on May 1, 2013, the Defendant thought that the victim E (the aged 49) who had been a customer in the place of the restaurant was threatened with the Defendant by taking part in the dispute over the wage problem between the restaurant operator and the proprietor of the restaurant, and that the victim E (the aged 49) was threatened with the Defendant. On the other hand, the Defendant: (a) threatening the victim by taking the knife knife (the total length of 38cc, the knife length of 23cc), which is an object dangerous in the kitchen; (b) threatening the victim by taking the knife of the victim’s knife and the victim requiring medical treatment for about 14 days.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Part concerning the defendant's second prosecutor's office's protocol of suspect interrogation;

1. Each police statement related to E, F, and G;

1. Miscellaneous photographs of suspect E, and blade photographs used for violence by suspect A;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to an investigation report (instigating the status of injury of a suspect E);

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 (the consideration that the accused deposits 4,000,000 won as damages for the victim);

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