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(영문) 수원지방법원 2014.11.05 2014고단3080
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:40 on May 6, 2014, the Defendant, at the time of speaking other employees of the said company, who are dissatisfied with D’s accommodation located in Young-gu C, Suwon-si, 206 Dong-dong 403, the Defendant: (a) placed the victim E in a kitchen with a kitchen-car (15.5 cm a day, 12 cm a day, knife) which is a dangerous article in the kitchen; and (b) put the victim E into a window for the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Suspect E standing photographs;

1. Application of Acts and subordinate statutes on the list of seized articles;

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. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the Defendant’s liability is not less exceptionally given the risk of the applicable method of crime.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant's mistake currently is divided, and is against the defendant, and the defendant has no previous conviction, and the victim stated in the investigative agency that he does not want the punishment of the defendant.

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