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(영문) 광주지방법원 순천지원 2015.03.17 2014고단2046
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was in the family relationship between the victim C (the age of 65) and the victim from about 10 years to about 10 years, and the company of the victim lent 300 million won to the victim from March 2014, but did not receive it. The victim was doubtful of the male relationship between the Defendant and assaulting the Defendant, etc.

At around 23:00 on October 6, 2014, the Defendant: (a) obtained a phone from the victim in front of the crosswalk in the vicinity of the E-Sinnam-si, the Defendant: (b) reported that the victim would get out of the taxi to move out of the taxi; and (c) reported that the victim would get out of the taxi; and (d) the part of the victim’s chest, leg, and knife, which were entering the bank, were in need of approximately three weeks of medical treatment; and (b) brought about the victim to open the part of the finger, knife, and knife that were in need of three weeks of medical treatment.

Summary of Evidence

1. The defendant's partial statement (the part concerning the statement that the defendant suffered bodily injury due to excessive traffic)

1. Part C of the protocol concerning the examination of the suspect against the defendant;

1. Statement to C by the police;

1. Protocol of seizure by the police;

1. Application of an injury diagnosis certificate, on-site photographing statute;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. In the process of doing harm to the Defendant’s own from the investigative agency to the court, the Defendant merely suffered the victim’s wife in the knife of the Defendant’s knife while doing harm to the Defendant, and had the intent to inflict injury on the victim.

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