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(영문) 대전지방법원 2014.06.19 2014고단742

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

Around 22:45 on January 16, 2014, the Defendant: (a) heard the victim D (the age of 59) who performed drinking together with the victim D (the age of 59) who was in conflict with the Defendant; (b) tried to see the victim’s face side by drinking two weeks; (c) 3:4 times the victim’s face side by drinking; and (d) electric jute, electronic, and latter panty, which are dangerous things in the main bank; (c) however, the Defendant tried to see the victim’s head side by taking the knife, which is a dangerous weapon located in the kitchen in the kitchen, and knife the victim’s right hand, and knife the victim’s left part, which is a dangerous weapon in the kitchen, and knife the victim’s right hand and knife the Defendant’s right hand.

As a result, the Defendant got off the victim from the front strings and the left-hand strings around each snow that requires treatment for about five weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution concerning D;

1. Statement of each police statement of E and D;

1. Damage, on-site photographs, and damaged photographs;

1. Application of Acts and subordinate statutes to the injury diagnosis statement and opinion statement;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

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

1. As to the assertion of Article 62(1) of the Act on the Suspension of Execution, the Defendant asserts that he was in a state of mental or physical disability under the influence of alcohol at the time of the instant crime. Thus, according to the above evidence, even though the Defendant was aware of drinking at the time of the instant crime, it cannot be seen that the Defendant did not have the ability to discern things or make decisions, and thus, the above assertion is rejected.

The reason for sentencing [the range of recommendations] the category of violent crime crimes, violent crime group, repeated injury, special injury (type 1), mitigation area (special mitigation factors): imprisonment with prison labor for a year and six months to two years and six months (whether suspended or not).