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(영문) 수원지방법원 성남지원 2012.09.06 2012고단1310
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 27, 2012, around 03:45, the Defendant: (a) called the victim E (the age of 40) who was suspected of having the Defendant’s wife and wind around the D convenience point in Gwangju City; (b) made the phone call to the victim E (the age of 40) and had the victim purchase the transition-type (the blade length: 10cm) at the above convenience point before arrival at that place, and had the victim possess it.

The Defendant: (a) the victim arrived at the victim’s place; (b) displayed the above excessive width, which is an object dangerous to the victim; (c) laid down the victim’s bridge; (d) intending to see the victim’s clothes and head as above; and (d) tried to see the victim’s clothes and head on two occasions with the victim’s resistance; and (e) talk with the victim before the victim’s convenience point on the ground that the victim talks with the victim on the ground that the victim was living frequently; (d) tried to put the victim’s clothes in knife of the above excessive road; and (e) tried to knife the victim’s knife with knife with the victim’s knife with knife with the knife; and (e) buck the victim’s knife with the knife with the knife’s knife with the victim’s knife with the victim’s left part.

As a result, the defendant carried dangerous things and put the victim a arms in the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement of E;

1. Police seizure records;

1. Emergency medical records;

1. Application of Acts and subordinate statutes to field photographs, excessive photographs, and investigative reports;

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. Article 62-2 (1) of the Criminal Act regarding community service order;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [the scope of statutory applicable sentences] 1 year and six months - 15 years / Special Injury Type 1.

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