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(영문) 광주지방법원 목포지원 2014.11.20 2014고단1411

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

At around 16:30 on May 3, 2014, the Defendant expressed the victim’s desire to “the bit of bitbit of bit of bit of bit of a bit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit

After that, the defendant said that the victim said, "I am to her only, later, her fluen.", the defendant suffered injury, such as a sniffly snife, which is a dangerous object ( approximately 41 cm in length, approximately 1 cm in diameter), in his hand, the victim's left side part of the victim's knife, and the victim suffered injury, such as a sniff, which requires approximately 4 weeks of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A report on investigation (Attachment of a medical certificate);

1. Application of statutes on damaged parts and on-site photographs;

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 (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Probation under Article 62-2 of the Criminal Act;

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

1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury resulting from violent crimes;

2. Determination of the scope of sentence: Reduction area, one year and six months from June to two years (a person who is subject to special mitigation: A person not subject to punishment);

3. Although the injury suffered by the victim as to the decision of sentence or suspension of execution is not easy, the defendant's mistake is recognized and reflected, and the victim is punished by the defendant.