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(영문) 수원지방법원 평택지원 2013.04.05 2013고단101
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 16:00 on December 19, 2012, the Defendant: (a) committed assault against the victim, such as the victim and knee, with a deadly weapon (total length of 30cc, 200cc, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k k.)

2. At around 15:00 on January 2, 2013, the Defendant assaulted the victim, by hand, on the ground that the victim was an employee, on the ground that he did not work at the above restaurant, he did not have the victim’s head, knife the victim’s head, knife the knife part of the victim’s body, knife the knife part of the knife, knife the knife of the victim’s body, knife the victim’s head with a dangerous object, and knife the victim

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. The Defendant’s crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order was committed by assaulting the victim with a knife, which is a deadly weapon, but the nature of the crime is not good. However, the Defendant appears to have led to confession of and reflect against the crime, and the Defendant agreed with the victim.

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