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(영문) 의정부지방법원 2013.10.11 2013고단2428
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

At around 22:00 on July 23, 2013, the Defendant found the Defendant’s friendship before the 'D restaurant' located in the Government-Si of Gyeonggi-do, and brought about the said restaurant from the victim E (In women, 55 years old) who was in his possession of the said restaurant, the Defendant would have the Defendant write the victim once by the end of the mountain, which is a dangerous object received from the victim, the left side of the victim’s face, and continued to put the victim a knife and the face of the left side of the victim for about 28 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that the injured party has withdrawn his/her intention to punish the accused and that the accused has no criminal record of suspended execution or more);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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