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(영문) 대전지방법원 천안지원 2015.04.14 2015고단63
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for three years.

One knife (No. 1) for slaughters seized shall be confiscated.

Reasons

Punishment of the crime

On December 28, 2014, at around 00:04, the Defendant inflicted an injury on the victim’s breast part and part of the vessel with a knife (30cm in total length, 15cm in knife) for slaughter, which is a deadly weapon for slaughter, which is a deadly weapon at the same place, under the influence of alcohol, and without any justifiable reason, performed drinking together with the victim D (ma, 50 years of age) at his own dwelling located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul., 201.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each police statement of E;

1. Each investigation report and diagnosis report;

1. Application of seizure records, seizure lists, on-site photographs 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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines (decision of types) (decision of types) of violent crimes: Type 1 (Special Bodily Injury), the injury by repeated crimes, the injury by repeated crimes and the special injury by special persons - - serious factors of aggravation: Imprisonment with prison labor for three to five years (limited to recommendations), serious injury (limited to aggravated injury);

2. Determination of sentence: The crime of this case for three years by imprisonment is a case where the defendant, without any particular reason, inflicted an injury on the victim's chests and knife with a knife with a knife for slaughter, and the victim is still not yet recovered, and it is inevitable to punish the defendant significantly.

However, the punishment as ordered shall be determined by taking into account all the factors of sentencing indicated in the pleadings of the instant case, such as the Defendant’s time to commit each of the instant crimes, the fact that there is no same kind of criminal records, and the age, character and conduct, family environment, motive and circumstance leading to the instant crimes, and circumstances before and after the instant crimes.

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