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(영문) 의정부지방법원 고양지원 2015.06.30 2014고단675

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Criminal facts

At around 09:10 on April 7, 2014, the Defendant resided in Goyang-gu C building 101, and the victim D (the age of 46) following the above building stated to the effect that “the Defendant would be able to cover the house” about the payment of the cost of room rent, and the Defendant sent the door knife knife with the victim’s knife with his hand, which is a dangerous object in the main knife and in possession of the main knife, had the victim’s face, and caused the victim to play the window knife of the main knife for treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. Application of statutes on photographs of damage;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. In light of the fact that the witness E’s legal statement and the witness D’s legal statement to the effect that the defendant, who had a knife in the judgment on the argument of the defendant and his defense counsel, have witnessed to the dispute with the victim, both of the witness E’s legal statement and the witness D’s legal statement to the effect that the defendant suffered a knife on the face of the knife on the face of the defendant, and there are no special circumstances to refuse it, and there is no other special circumstances to refuse it, the shape of the knife in the victim’s face is considered to be be be the belife in the knife, and it cannot be seen that the defendant

On the contrary, the defendant and the defense counsel's assertion to the effect that the knife did not injure the victim, and that the defendant and the defense counsel will be in the upper part by the key, not by the knife.

The reason for sentencing [Scope of Recommendation] Special Injury (Special Bodily Injury) type 1 (Special Mitigation) (Special Mitigation From September to February) (Special Mitigation) (including efforts to recover damage), minor injury, non-conformity with punishment (including efforts to reduce damage) (decision of sentence) shall be the accused.