(영문) 수원지방법원 안산지원 2013.07.23 2013고단1301

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(영문) 수원지방법원 안산지원 2013.07.23 2013고단1301

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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A defendant shall be punished by imprisonment for two years.

A seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

At around 01:20 on June 16, 2013, the Defendant: (a) taken a knife (23 cm length, 13.5 cm) with a dangerous object in the knife holding of the knife on the ground that the victim was able to go to the victim E (16 years of age) and his/her daily behaviors in Ansan-si, Ansan-si; (b) taken a knife (23 cm in the knife length, 13.5 cm in the knife) and knife the part of the victim’s knife, knife the end of the knife at the victim’s hand, and knife the victim’s knife and knife the part of the knife and the part of the knife that

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement to F and E;

1. Police seizure records;

1. Photographs;

1. Application of Acts and subordinate statutes to investigation reports (Evidence records, 64 pages);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury on a dangerous object);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The defendant and his defense counsel asserted that there was no intentional injury on the part of the defendant and his defense counsel as to the claim of Article 48 (1) 1 of the Confiscation Criminal Act, but the defendant and his defense counsel set a knife of the victim's knife in order to put the defendant hot, since the victim was winded.

In full view of the above evidence, it appears that the victim and F made a statement that the defendant had a knife of the victim's knife, and the photograph of the victim shows that the victim's knife had a knife of the victim's knife, and that it is difficult to see that the victim's knife had a knife while having a knife of the victim's knife as the victim's knife.

The reason for sentencing is that the defendant has no criminal record of the same kind and the degree of injury of the victim.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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