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(영문) 대전지방법원 천안지원 2015.03.13 2015고단103

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant and the victim C(C, 37 years old) are four arms, and they are those who work as production workers in AS cases, a corporation in Indonesia, Indonesia.

On January 4, 2015, around 23:20 on January 4, 2015, the Defendant was locked the entrance in the Asan-si D apartment 104 Dong 103, Asan-si, one’s accommodation, and the victim using the same room “not to open the door,” and caused a dispute.

Then, the victim, who is suffering from a chemical accident, has opened a entrance again in the above accommodation, and the defendant has a kitchen knife (17cc in the blade length) used in the kitchen, and has a kitchen knife (17cc in the knife length) opened and opened an entrance, and has a knife on the left side of the victim.

As a result, the Defendant carried dangerous things with the victim and damaged the beer, which requires treatment for about five weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of C in the suspect examination protocol of the prosecution;

1. Statement made by the prosecution against E;

1. Entry into the records of seizure and the list of seizure;

1. Statement of each investigation report;

1. Entry in medical records and written diagnosis of injury;

1. On-site photographs, bodily injury photographs, letters, joints and photographs of injuries, injuries of witnesses, and images of on-site photographs;

1. Application of existing Acts and subordinate statutes of one man (No. 1) on seized food;

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 extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Type 1 (Special Bodily Inflicting) (Special Bodily Inflicting) (Special Bodily Inflicting) Reduction element - Aggravation element of punishment - The area of recommending injury, whichever is significant, shall be applicable to the sentencing criteria.