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(영문) 전주지방법원 남원지원 2013.03.26 2013고단21
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 04:50 on February 18, 2013, the Defendant: (a) was living together with the victim D (Woo, 29 years of age) who was living together in the Defendant’s residence located in Nam-si, Namwon-si; (b) had a knife (20.5 cm length, 32.5 cm in total length, 32.5 cm in length) with a knife, which is a dangerous object in the knife in the knife; and (c) had a knife that is a knife that requires approximately three weeks treatment to the victim on the left side of the victim on one occasion while knife and knife the body with the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. Police seizure records and police inspection records;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (such as victim's injury, victim's opinion, etc.);

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 (see, e.g., the fact that the victim does not want the punishment of the defendant by mutual consent with the victim, and that the crime of this case is seriously reflected in the crime with no record of the crime)

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

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

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