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(영문) 대전지방법원 천안지원 2014.05.09 2013고단1409

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

On July 16, 2012, at around 21:25, the Defendant: (a) expressed the attitude that he would have any harm to the body of the victim by carrying a lethal weapon and threatening the victim by carrying a deadly weapon, stating that he would have any harm and injury to the body of the victim, with a knife (the entire length of 33.5cm, knife length of 15.5cm: 15cm) which is a deadly weapon on the ground of an influent reason; and (b) the victim E (the age of 52).

Summary of Evidence

1. Partial statement of the witness F;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to the part of the photograph taken by the suspect at the time of the suspect;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The portion not guilty of probation and community service order under Article 62-2 of the Criminal Act;

1. On July 16, 2012, the Defendant: (a) around 21:25, the Defendant inflicted injury on the victim E (years 52) and Si reserve due to an unforeseen cause; (b) on July 16, 2012, the victim E (ages 52) and Si reserve due to an unforeseen cause; and (c) suffered injury, such as an unfluencing of the number of days of treatment, by taking the face

2. Determination: (1) According to the witness F’s legal statement and the statement of investigative agency (on the spot, the part that the defendant told F that he would have “the victim’s face when he comes to the victim’s face,” and (2) the receipt and handling statement of the crime report (the part that is indicated as “finite”) 112, ③ the victim’s first 119 emergency medical services log (the part that is indicated as “finite with the victim’s face”; and (4) the emergency nursing record book for the victim (the part that is indicated as “the emergency room for hospital to be hospitalized in the military”), etc., there is doubt that the defendant would have inflicted an injury by assaulting the victim as stated in this part of the charges.

However, the court of defendant, victim, and G, which can be called the original person of each of the above evidences.