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(영문) 수원지방법원 2016.06.02 2013고단2964
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 May 7, 2013, at around 23:35, the Defendant: (a) had a minor horse dispute with the victim D (50 years of age, women) who was aware of peace in Suwon-si B, Suwon-si, Suwon-si; (b) had a serious horse dispute with the victim D (50 years of age, women) and drinking, and had a transition (12 cm in length on the knife) which is a dangerous object in the knife, and had a part of the back head of the said victim flife one time to treat.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. Photographs;

1. Application of the statutes on seizure records and the list of seizure lists;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that this case is a dangerous object of the defendant, and the part of the back head of the victim was injured by knife, and its nature is very poor. However, considering the fact that the defendant has no record of punishment for the same kind of crime, and that the injured person does not want the punishment of the defendant by agreement with the victim, the punishment is determined as ordered by taking into account the following factors: the defendant's age, sexual behavior, environment, background leading to the instant crime, circumstances after the instant crime, etc.

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