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(영문) 광주지방법원 목포지원 2015.04.13 2014고단1881

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 18:50 on July 15, 2014, the Defendant listened to the horses of the victim G (the age of 50) and H that he would bring a civil petition to the Board of Audit and Inspection" before the victim in front of the F in Yong-gun E, Chungcheongnam-gun, the Defendant: (a) knife the victim as “this knife knife knife knife knife knife knife knife knife knife knife knife, and (b) knife knife knife knife knife knife knife knife knife knife knife

As a result, the Defendant carried a deadly weapon with a deadly weapon and put up an open room for the part above the left side where the number of treatment days cannot be known to the victim.

Summary of Evidence

1. Partial statement of witness G;

1. The partial statement of each prosecutor's statement concerning G;

1. Investigation report (in pursuit as to whether a suspect carries a deadly weapon), on-site photographs, and damaged photographs;

1. A criminal investigation report (in case of an emergency room, medical records, etc. of a victim);

1. In full view of the location at which witnesses I, J, and K set up the dispute between the Defendant and the Victim, and the type and size of the knife in which the Defendant was the Defendant at the time of the instant case, the respective statements made by the witness I, J, and K do not affect the probative value of the said evidence that conforms to the facts charged) of the law shall be applied.

1. Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act / [the crime of violation of the Punishment of Violences, etc. Act (a collective injury or injury by a deadly weapon) is established where a person inflicts an injury while in possession of a deadly weapon, and the injury does not necessarily have to be caused by a deadly weapon, and the fact that the victim sustained an injury according to the aforementioned evidence is recognized in accordance with the knife that the defendant sustained).

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Sentencing 1. Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing) of the suspended sentence.