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(영문) 대전지방법원 서산지원 2014.06.26 2014고단122
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

On December 20, 2013, at around 09:15, the Defendant sought D's house located in F in J in order to ask for the question of whether there is another male, while having a good appraisal about D's own life, E.

The Defendant opened a string door that was not corrected at D’s house, and used excessive (8 cm length, 11 mm) that is a dangerous object in the state of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the Republic of Korea.

As a result, the defendant injured the victim for about 14 days of medical treatment, such as an open wound of fingers without damage.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Records of seizure and the list of seizure;

1. On-site photographs of victims, investigation reports (victim's body and knific photo), and photographs of the damaged part's hand at the time of damage;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 62-2 of the Criminal Act [Scope of Recommendation] There is no person who has no basic area (two to four years) (two or more years) of the category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (Special Bodi Bodi Bodi Bodily Injury) [Determination of Sentence] (The Decision of Sentence] that the defendant has inflicted an injury on the victim while intending not to make a deduction without any particular reason while finding the victim's residence, but he is recognized as having inflicted an injury on the victim, and the defendant also committed the crime of this case suffering alcohol and drinking alcohol, and the defendant committed the victim.

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