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(영문) 광주지방법원 목포지원 2013.12.13 2013고단1555
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

Both the Defendant and C, victim D, and 30 years old, with the Vietnamese nationality, lived together in the dormitory in the company with the work partner of the F construction company located in the Newannam-gun E. On August 15, 2013. At around 18:00, the Defendant: (a) reported that C and the victim met each other in the above dormitory as a matter of garbage separate collection; (b) the victim did not stop fighting; (c) the knife C, a birthee, who was a deadly weapon in the main room, knife C, and knife C, who was a deadly weapon in the main room, knife C, and knife C, which was a deadly weapon in the main room, and knife C and knife B, which was a deadly weapon in the main room and left part of knife for approximately three weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of C or D;

1. A report of investigation (a report on the progress, etc. of failure to discover the knife used in the criminal conduct);

1. A written diagnosis on D;

1. Application of the Acts and subordinate statutes to photographs of damaged parts;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act on Criminal Offense, Article 257 (1) of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 200 million won in direct charge of medical expenses for the victim, 23 million won in the amount agreed upon with the victim by paying the agreed amount; 20 million won in advance after entering the Republic of Korea on or around September 201; 3.

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

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