beta
(영문) 대전지방법원 천안지원 2014.06.27 2014고단569

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Criminal facts

On May 14, 2014, at around 19:45, the Defendant: (a) 19:45, the victim D (year 52) residing in the Dongnam-gu, Chungcheongnam-gu; (b) Hashedd the victim’s right side of the victim, who resides in the side of the Defendant, expressed his/her desire to “Ig, open and close the door so that she can not live by it; (c) I am the scar (total length, 33 cm, 21 cm in a knife) which is a dangerous object by entering his/her own room; and (d) I am the victim’s left side side knife one time, and knife the victim’s knife knife knife knifs the victim’s left side knife requiring approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A statement of opinion and an investigation report (added statement of opinion on the victim in charge);

1. On-site and photographs of victim's upper part of the body;

1. Application of Acts and subordinate statutes on police seizure records;

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 [Determination of a type of punishment] type 1 (Habitual Injury, Bodily Injury, Bodily Injury, and Special Injury): Reduction element: serious injury ( spite of the period required for medical treatment being two weeks, it shall be taken into account that the defendant has a good knick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick side side side side side side side side of the victim, approximately 20 meters in depth, and is accompanied by blood transfusion due to nearby damage] (Determination of the recommended area): Imprisonment 2 to 4 years in prison: serious reflect (whether major adverse cause is to be considered): if a serious positive reason for punishment;