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(영문) 대전지방법원 2015.11.12 2015고단3116
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 and the victim C(54 years of age) are people with internal relations for about 11 years.

On August 25, 2015, at around 20:15, the Defendant considered the scene where the victim was divingd with F, which is the domicile of the victim in the Dong-gu Daejeon-gu, Daejeon, Daejeon, at the time of 602 Dong-gu, 214, the victim took the victim's face at one time with tear and hand. In response, the victim took three times the victim's face on his hand with a kitchen knife, which is a deadly weapon stored in the kitchen, and the victim took one time the chest part of the victim and the victim's breast part on the chest part of the victim in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of photographic Acts and subordinate statutes, such as injury of suspect;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (Scope of recommending punishment) of the suspended sentence is a crime group, violent crime group, habitual injury group, repeated injury, special injury (type 1), mitigation area, mitigation area, one year and half years and six months [decision of sentence] primary criminal defendant reflects his/her mistake, and the victim does not wish the punishment by mutual consent with the victim, taking into account all the conditions for sentencing, such as the circumstances leading to the crime, the degree of actual damage, the age and happiness environment of the defendant, etc.

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