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(영문) 대전지방법원 논산지원 2014.11.11 2014고단408
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

At around 23:00 on September 27, 2014, the Defendant inflicted an injury on the victim E, the remaining, the 28 years of age, the Myanmar nationality) of the D dormitory located in Seosan-si, Seosan-si, on the ground that the victim E, the knife knife (the total length of 32 cm, the knife length 20 cm, and the victim’s left-hand arms were fnife, and the victim suffered an injury, such as the core fnife in the left-hand part, which requires approximately 4 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Each statement made by the police officer in F and G;

1. The records of seizure, the list of seizure, each photograph, and each statement or image of the return;

1. Application of the existing Acts and subordinate statutes of one seized knife (No. 1);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of penalty: Imprisonment with prison labor for not less than one year and six months to 15 years (Discretionary mitigation);

2. The basic area of the sentencing criteria [Determination of types of punishment] for violent crime groups, for habitual injury, for repeated injury, for special injury [Scope of recommending punishment]: Imprisonment with prison labor for a period of two years or more to four years: Involuntary injury.

3. Determination of sentence: Imprisonment for 2 years; and

4. Whether to suspend the execution: A person shall be sentenced to the suspension of the execution of imprisonment within the scope of the recommended sentence, by comprehensively taking into account all the circumstances shown in the arguments, including the following: A person who has no record of criminal punishment for three years (major reasons for the suspension of the execution): a person who has committed a dangerous act, a serious injury (general reason for the suspension of the execution): A person who has committed a dangerous act, a serious injury (general reason for the suspension of the execution): A person who has a negative relation with him/her: a person who has a negative relation with him/her, together with the major reason for the suspension of the execution and the reason for the general participation as seen earlier

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