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(영문) 춘천지방법원 강릉지원 2014.11.05 2014고단855

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the type of the victim C(33 years of age).

At around 04:10 on August 20, 2014, the Defendant, at the home of the Defendant, who was in the D apartment 103 105 dong-si, and on the ground that there was a dispute between the victim and the house, and the victim suffered injury, such as a knife, a dangerous object in the Defendant’s house and the house kitchen, which was in the Defendant’s house, by using a knife (14.5 cm in length: 14.5 cm in front of the house) as a hand, the victim, who was waiting for the victim, was walking with the Defendant, knife in front of the house, and the knife knife knife knife knife knife knife knife knife knife kn's knife, etc., which is being used by the Defendant.

In this regard, the defendant carried dangerous articles and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Requests for appraisal;

1. A medical certificate;

1. Application of statutes, such as site 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. 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 repeated in favor of the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act for forfeiture include the fact that the defendant recognized his mistake and divided, the victim does not want the punishment against the defendant, and there is no record of criminal punishment, etc., and the crime of this case is committed in favor of the victim with a deadly weapon, taking into account the circumstances that are disadvantageous to the defendant, such as the poor quality of the crime, and the age and character of the defendant, personality and conduct, family relationship, the circumstances leading to the crime of this case, and various circumstances that are conditions for sentencing, such as the following, and the scope of the sentencing criteria, violent crime group and special injury.