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(영문) 전주지방법원 정읍지원 2013.09.03 2013고단349

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

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

Reasons

Punishment of the crime

At around 17:20 on May 7, 2013, the Defendant taken a knife, which is a deadly weapon, by misunderstanding that the victim had a bad knife against the mother of the Defendant, and knife the knife (15 cm in knife length) of the victim D (the knife of 54 years old) in order to reach knife the right part of the victim and the knife part once.

As a result, the defendant, using a lethal weapon, caused damage to the victim's surrounding land and heat in the right-side part in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (related to autopsys, etc. of suspects), and the body, body, photograph and photograph of the victim;

1. Application of investigation reports (related to medical records and documents attached to medical records), diagnosis reports, and copies of medical records and other Acts and subordinate statutes;

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 (excluding the cases where a fine of 100,000 won has been imposed by an act of violence in 190,00 won, and considering that there is no record of punishment for the same crime, and that there has been

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);