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(영문) 광주지방법원 2014.09.25 2014고단1931

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

Around January 2008, the Defendant entered Korea as a short-term commercial visa for three months and continued to live in Korea. A victim C (year 4) was a person of the People’s Republic of China’s nationality and first known to the Defendant around 2012, and was a person living together with the Defendant from March 2014.

At around 10:00 on May 11, 2014, the Defendant collected a knife ( approximately 30cm in total length, approximately 18cm in knife length) which is a deadly weapon in the above knife located in the main room of the Defendant’s house located in Gwangju Mine-gu, Gwangju, and the second floor, and sought a “in open room for the victim” that requires approximately three weeks of treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of suspect against the defendant contains some statements;

1. Statement made to C by the police statement;

1. Each internal investigation report and each investigation report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The Defendant’s crime of this case with the reason of sentencing under Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act on the crime of this case is serious since the Defendant inflicted a bodily injury on the victim with a deadly weapon, and not only the injury is serious, but also the victim’s knife with a knife while considering that the victim’s talks about knife and knifes about knife from the victim, and thus, it seems that there is a high possibility of criticism on the motive of the crime, etc

However, taking into account the circumstances such as the fact that the defendant seems to have no other criminal records, and other circumstances, such as the age, character and conduct, environment, etc. of the defendant, the order of imprisonment with labor for a period of two to four years (the basic area of category 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Injury) according to the sentencing guidelines for the crime group) shall be imposed.