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(영문) 광주지방법원 목포지원 2015.06.18 2015고단128
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 became final and conclusive.

Reasons

Punishment of the crime

At around 20:40 on January 24, 2015, the Defendant was under dispute with the victim D (32 years of age) who is a ward in the workplace under the influence of alcohol under the influence of alcohol, and around 106 102, the Defendant, at around 20:40, 2015, brought the kitchen knife in the kitchen at the kitchen and knife the Defendant, and knife the Defendant “in the kitchen, knife,” which is a dangerous object, caused the victim’s injury to the victim’s left-hand part of the kitchenbbbbbbbb, one knife, which requires approximately 4 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A copy of the medical certificate for victims;

1. Application of statutes on site photographs;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury:

2. Determination of the scope of sentence: Reduction area, one year and six months from June to two years (a person who is a person subject to special mitigation shall not be subject to punishment);

3. The sentencing guidelines shall be set by discretionary mitigation and suspension of execution of the sentence against the accused within the scope of the sentencing guidelines in consideration of the fact that the accused acknowledges and reflects his mistake, the fact that the accused agreed with the victim, the fact that the accused appears to be a contingent crime, the accused has no criminal records in the Republic of Korea, the accused's age and character, etc.

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