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(영문) 수원지방법원 성남지원 2013.11.29 2013고단2408
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 becomes final and conclusive.

Reasons

Punishment of the crime

Around 01:25 on October 17, 2013, the Defendant attended a radio audience meeting with the victim D, a male living together with his house, who had been living together with him for three days, and returned to the house after drinking alcohol. A person who was living together with the victim D, who was living together with his house, and the victim returned to the house after drinking alcohol. A person who was living together with his house above the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the knife, which is a dangerous object in the bend of the bend of the bend of the bend of the bend of the knife (30cm in total length, 18cm in daily length). A part of the victim, etc., who tried to take the above knife from the Defendant, was injured by the victim such as the above knife, and an open upper part requiring two weeks treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement made to D by the police;

1. Police seizure records;

1. A medical certificate;

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. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the nature of the crime of this case where the defendant inflicts bodily injury on the victim on his knife does not correspond, and the defendant has been sentenced several times to a fine for violent crimes, but the defendant has been tried to commit the crime, and the defendant is divided, and the victim does not want the punishment against the defendant, etc., the punishment shall be determined as ordered by the order

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