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(영문) 수원지방법원 성남지원 2013.08.22 2013고단1206
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 June 7, 2013, the Defendant: (a) caused misunderstanding that the victim C (here, 42 years of age) living together (here, d) had the winded with D and D, a workplace partner; (b) had been investigated by the police station at around 20:0 on the same day; and (c) had been found under the influence of 309, Dong-dong d-dong 309, living with the victim living together with the victim in Gwangju City at around 20:0 on the same day on the ground that the victim did not open the door; (d) had the escape from the house due to the said house due to the reason that the victim did not open the door; and (e) had the escape of the house, which is a dangerous object, had the kitchen of the victim's knick at the victim's boom; and (e) had the kitchen of the victim's left hand, which is a dangerous object, and (e) had it open to the victim's meeting.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Records of seizure and the list of seizure;

1. Application of the legislation in its opinion;

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. The reasons for sentencing under Article 62(1) of the Criminal Act shall be determined in the same way as the order, taking into consideration the following: (a) the defendant has no special criminal records in the Republic of Korea; (b) the injured part of the victim’s life or living is not the main part of the victim; and (c) the victim does not want the punishment of the defendant

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