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(영문) 광주지방법원 순천지원 2013.07.19 2013고단1068
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of 1,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. At around 18:30 on March 11, 2013, Defendant A: (a) confirmed the phone number of the Defendant’s cell phone during drinking alcohol with the victim E Apartment 204 Dong 901; (b) made it doubtful that the Defendant was not only the other male but also the other male; (c) made a dispute without permission; and (d) on the ground that the victim was standing his cell phone on the floor and was unable to drink and drink the Defendant’s entrance by drinking alcohol, the Defendant laid the kitchen knife, which is a dangerous object in the kitchen, and laid the kitchen 21 cm in the direction of a long direction, and knife knife knife knife knife knife knife knife knife knife knife knife knife kn

2. Defendant B, at the date, time, and place described in the above Paragraph (1) as mentioned above, committed an injury to the victim, by making it difficult for the victim to be aware of the number of days of treatment due to the victim’s inception because he/she took the part of his/her inception with the victim A, and caused an injury to the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. On-site reports (on-site photographs and moving pictures);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1)2 of the Criminal Act: Selection of fines under Article 257(1) of the Criminal Act, and Article 257(1) of the same Act;

1. Mitigation of discretionary punishment (in consideration of the fact that the defendant A is inconsistent with his/her gender, the first offender, and the fact that the victim does not want the punishment of the defendant, etc.);

1. Articles 70 and 69 (2) of the Criminal Act;

1. Suspension of execution (Defendant A) Article 62 (1) of the Criminal Act ( repeatedly taking into account the grounds for discretionary mitigation);

1. Article 334 (1) of the Criminal Procedure Act (Defendant B);

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