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(영문) 대전지방법원 공주지원 2013.04.12 2013고단39
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. Around 03:00 on January 1, 2013, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) and the Defendant laid the part of the victim E (n, 32 years old) (n, 42.5cm, 29.5cm in length: : 29.5cm in length) and the part of the knife, which is a lethal weapon kept in his own vehicle, and the knife of fishing (15cm in total length: : 28.5cm in length) and the part of the knife in dispute with D in the above knife of the knife, the left part of the knife, one time with the above knife and the part of the knife that requires treatment of approximately two weeks.

2. Any person who violates the Control of Firearms, Swords, Explosives, etc. Act shall, when he/she intends to possess swords, gas sprayers, electroshock weapons, or crossbows, obtain permission for possession from the chief of a police station having jurisdiction over his/her domicile,

Nevertheless, the Defendant, without obtaining permission from the chief of the competent police station, possessed up to the date, time and place specified in Paragraph (1) above, a knife (29.5cm in the blade length) and a knife (15cm in the blade length) purchased at a iron shop where it is difficult to identify the trade name in the Muju-si, Muju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Responses to the request for cooperation in investigation;

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 Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) 1 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 71 subparagraph 1 and Article 12 (1) of the Control of Firearms, Swords, Explosives, Etc. Act (the occupation of holding swords without permission, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. The Criminal Act, the suspension of execution;

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