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(영문) 전주지방법원 2013.03.28 2012고단2465

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 of the final judgment.

Reasons

Criminal facts

Around 23:20 on June 5, 2012, the Defendant took a bath at the Defendant’s house located in the 3rd floor in Geumcheon-gu Seoul Special Metropolitan City, namely, the victim’s house to find the house of the victim D (the age of 37) who is the neighbor, and the victim found it as the Defendant’s house, and “I wish to do so? I do not want to do so? I want to do so?” The Defendant took a large amount of 71 cm in length, which is a dangerous thing located therein, 6 times in width, and 2 times in width, the part of the victim’s clothes, the left sonbuck part, and the part of the kitchen part, the victim’s body, the victim’s body, the victim’s body, the victim’s body, the victim’s body, the body of the victim’s body, and the kitchen part, the victim’s body, the whole kitchen part of the kitchen part, etc., 3 times in length and the part of the kitchen.

Summary of Evidence

1. Statement by the defendant in court;

1. An interrogation protocol of the accused and D by the prosecution;

1. Each police suspect interrogation protocol regarding D;

1. Statement to E by the police;

1. Police seizure records;

1. Each investigation report;

1. Application of Acts and subordinate statutes of the written diagnosis of injury to D;

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 made again for the reason of sentencing);

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is committed by the defendant, with the victim's drick, which is a dangerous object on the ground that the defendant expressed the victim's desire, and further with the kitchen knife, which is a deadly weapon.