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(영문) 광주지방법원 순천지원 2014.03.28 2014고단195
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

피고인은 2014. 2. 14. 20:25경 순천시 C에 있는 피해자 D(여, 64세)이 운영하는 ‘E소주방’에서 술을 마시다가 옆자리에서 일행들과 같이 술을 마시고 있던 피해자 F(남, 32세) 등에게 시비를 하여, 피해자 D이 피고인을 밖으로 내 보내고 문을 잠궜다.

The defendant opened the door and opened the door in his hand, and the victim D opened the door, and the defendant opened the door in the small bank, and entered the door, and the defendant franchising the victim F's right part of the victim F, a deadly weapon ( approximately 11.5cm in length, approximately 6.5cm in length on a knife, about 6.5cm in length) that he had in his possession, with a knife for work, which is a deadly weapon (a knife, about 11.5cm in length, about 6.5cm in length on a knife).

As a result, the defendant suffered injury to the victim D, such as the damage to the 5th left-hand fluoral land in Chapter 5, which requires approximately three weeks of medical treatment, and the damage to the victim F in open blue zone in the number of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and G;

1. Written opinion (F), medical certificate (D);

1. On-site photographs;

1. Application of Acts and subordinate statutes of blades;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act as to the crime, Article 2 (1) 3 of the Criminal Act, and Article 257 (1) of the Criminal Act (the point of being injured with each deadly weapon);

1. Of concurrent crimes, an aggravated punishment for a violation of the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (an aggravated punishment for a violation of the Punishment of Violence, etc. Act against D with heavy crimes of offense)

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the establishment of crimes in violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) by each victim] [the determination of types] of violence, habitual injury, repeated injury, special injury, habitual injury, repeated crime, special injury [the determination and scope of the recommended area]: Two years to four years;

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