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(영문) 수원지방법원 안산지원 2015.04.02 2015고단127
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 January 8, 2015, the Defendant: (a) around 23:55, the Defendant: (b) stated that the Defendant would drink with the victim D (mae, 31 years of age) who was frighted in the Defendant’s residence; (c) stated that the Defendant “it may be lying on the fright at the time of drinking,” and that the victim “it may be placed on the fright at the time of drinking,” and that the victim “I may fright the face of the victim at the time of drinking.” On the other hand, the part of the victim’s right fuckbbbbbbbbbbs, which is a deadly weapon located in the Defendant’s residence and located in the main room at the Defendant’s residence, knife, one knife knife, the left part of the front part of the eye, the left part of the snow, the upper part of the body of the fright, and the upper part of the bones of the fright.

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on investigation (35 pages of investigation records);

1. Relevant photographs;

1. Photographs of the body part of the victim;

1. Application of the existing Acts and subordinate statutes of one blade (No. 1) seized;

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. Reasons for sentencing under Article 48(1)1 of the Criminal Act of the Confiscation [Scope of Recommendation] Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (1 year and June 2 year and June), where the victim has considerable responsibility for the occurrence of a crime or the expansion of damage, where the victim is not subject to punishment (including serious efforts to recover damage) or considerable damage has been restored / [Determination of Declaration] The applicable method of the crime of this case is cruel, the result of the injury is significant, the defendant is against himself, the defendant has no record of punishment in Korea, the victim does not want the punishment against the defendant under an agreement with the victim,

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