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(영문) 광주지방법원 장흥지원 2015.01.08 2013고단181

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

At around 15:30 on July 11, 2012, the Defendant’s house located in Heungnam-gun, Chungcheongnam-gun, for divorce and division of property, and the father D of the Defendant’s house, found his mother, and the Defendant’s mother’s mother, attempted to live in the ebbro, and towed the above D, the Defendant’s denied F, the Defendant’s female f, the Defendant’s female f, the Defendant’s female h (45 years old)’s h (45 years old)’s f and above G, which were dangerous things on the top floor of the Defendant’s driving, and the Defendant’s knife (38 cm in length, about 25 cm in length, about 25 cm in length, and the Defendant’s knife in the part of the victim’s chest, and the Defendant’s knife in the part of the victim’s mother, and the Defendant’s knife two knife in the part of the victim’s left.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The first examination protocol of suspect examinations conducted by the prosecution against D (including H and G substitute parts);

1. Statement of prosecutorial statement concerning J and F;

1. Written opinions, certificates of medical records, and medical certificates (H);

1. Application of Acts and subordinate statutes to on-site photographs, on-site and criminal tools photographs;

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. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] : habitual injury; repeated injury; special injury; type 1 (Habitual Injury; Bodi Bodily Injury); and mitigation area (one year to two years and six months) (Special Mitigation) where the victim is responsible for the occurrence of the crime; [the decision of sentence] the victim’s chest part of the victim’s chest is very dangerous in terms of the knife, and the victim’s knife is extremely dangerous in terms of the knife’s knife and it is inevitable for the victim to be sentenced to a sentence: Provided, That a mistake is recognized.