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(영문) 대전지방법원 2013.07.15 2013고단1755

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

On May 14, 2013, at around 02:52, the Defendant: (a) sustained the part of the victim, etc., such as the victim, on two occasions as a kitchen knife, which was previously possessed by the victim E (n, 48 years of age) for the reason that the victim’s E (n, f.e., the age of 48) disregards himself/herself; (b) sustained the victim, etc. on two occasions, such as a kitchen knife, which is a deadly weapon, for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Photographs;

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 concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 62(1) of the Criminal Act (refluence of the following favorable circumstances) has been that the defendant injured the victim by the kitchen knife, which is a deadly weapon, and did not receive the victim, and there is a need for strict punishment.

However, there are extenuating circumstances, such as the fact that the defendant reflects his mistake in depth, the fact that he was hospitalized in the F Hospital after the crime and received treatment of alcohol respect, and the first offender who has no record of criminal punishment.

In addition, the sentencing conditions indicated in the records of this case, such as the defendant's age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in consideration of the sentence.