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(영문) 창원지방법원 2014.12.09 2014고단2949

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

1. The defendant shall be punished by imprisonment for two years;

2. Seized evidence subparagraph 1 shall be confiscated;

Reasons

Punishment of the crime

The defendant, as a result of the victim C(54 years of age) and internal ties, had recently been suspected that the victim had not met himself but had to meet with other males, and had his head and promised to do so, he purchased boom from mate for the purpose of a person who has satisfy, and then got the victim before the victim's swine boom.

around 18:00 on October 12, 2014, the Defendant found the “D” restaurant operated by the victim in Kimhae-si, and confirmed that the victim was in the restaurant, and confirmed that the victim was in the restaurant, and the victim was the victim “I am knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

The Defendant kept up with the left hand of the victim who was going up to the upper body of the upper body of the victim that continued to be frighted by the victim and frighting the victim's chest and frighting part of the victim's breast and frighting part of the victim's breast, and the victim was frightly aware of the victim's left side head and back frighting part of the victim's upper body. In the process of preventing the defendant's act by frighting the victim's hand, the victim suffered frightging part of the victim's hand.

As a result, the defendant carried dangerous objects with the victim's 4-day medical treatment, and led the victim to a hydropathy of the fourth fingers in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to the injury diagnosis certificate, each photograph, and seizure protocol;

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;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Reasons for sentencing of Article 48(1) of the Criminal Act [the scope of recommending punishment].