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(영문) 대전지방법원 2015.11.06 2015고단2445
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, around 02:35 on July 17, 2015, placed a knife and knife (23.5cm length, total length: 37cm) prepared in advance by a physician in the course of consultation with D Hospital located in Sejong Special Self-Governing City, on the ground that he neglected his father’s horse in the course of consultation with his father with his father, and entered the said D Hospital into an emergency room, and then entered the said D Hospital with the sound called “marn for my my own surgery,” and the victim E (here, 28 years old) who is an emergency medical technician working therefor, called “I am going to work in the morning, not flife at work,” while putting the said knife in his hands and continuously sound the victim as “I knife” with his left hand, and knife the victim knife part of the victim’s nursing knife.

Accordingly, the defendant carried a knife, which is a dangerous thing, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation (a Attachment to CCTVs found in a DNA hospital);

1. Application of photographic Acts and subordinate statutes;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

2. Article 62 (1) of the Criminal Act;

3. 몰수 형법 제48조 제1항 제1호 양형의 이유 [권고형의 범위] 폭행범죄 > 제6유형(상습ㆍ누범ㆍ특수폭행) > 감경영역(4월~1년2월) [특별양형인자] 처벌불원 [선고형의 결정] 칼을 미리 준비하여 가는 등 계획적 범행으로 평가할 만하고, 칼을 쥔 채로 피해자의 목 부분 옷을 잡아당기는 등 범행이 매우 폭력적이어서 피해자에게 극심한 정신적 충격을 주었을 것으로 보인다.

However, the fact that the defendant recognized all the mistakes and reflects, and the defendant appears to be somewhat low in intelligence, which seems to have affected the occurrence of the crime, and it is the first offender who has no punishment power prior to the instant case.

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