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(영문) 대전지방법원 공주지원 2014.07.18 2013고단384

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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:00 on September 12, 2013, the Defendant sought to demand reimbursement of KRW 4.5 million from the victim D (the age of 48) operated by the Defendant, “E,” the Defendant lent to the Defendant, but the Defendant got off the transition (the total length of 28.5 cm, the blade length of 16 cm) which was a deadly weapon in possession of the victim at the end of “Irnnish, Irnished to the left side side for approximately three weeks of treatment.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement D in the suspect examination protocol of the accused by the prosecution;

1. Each police statement made to F and D;

1. An injury diagnosis certificate and each medical certificate;

1. Copy of the loan certificate;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to field photographs and seized objects;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the accused among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Considering Circumstances favorable to the accused among the following reasons for sentencing):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Application of the standard for sentencing [Scope of recommending punishment] Type I (Habitual Injury, Bodily Injury, Special Bodily Injury) of the mitigated area (one year and six months to two months), (Special Mitigation Persons] of the mitigated area (Special Mitigation Persons), the number of self-denunciation or the range of compared sentence with the recommended sentence of the internal accusation: One year and six months to six months of imprisonment;

2. Determination of sentence - 2 years of imprisonment, 3 years of suspended sentence, and 3 years of suspended sentence, the Defendant inflicted an injury on the victim using a deadly weapon, and the victim shows symptoms of mental stress as well as physical injury.

Nevertheless, the defendant is not fully compensated for the damage suffered by the victim, and the victim is also the defendant.