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(영문) 전주지방법원 2015.09.25 2015고단953
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for three years.

A seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

Since the Defendant, as an Thailand, entered the Republic of Korea on April 2008 after receiving three-month tourist visa from the Republic of Korea, from June 2015, the Defendant had been staying illegally while engaging in daily work in the areas adjacent to Jeonju-si and Jeonbuk-do, and had provided guidance on the convenience of staying in Korea by receiving money and valuables under the pretext of arranging work as a daily worker, etc.

On June 15, 2015, the Defendant received text messages from the victim C and 40 years of age, “I think I would know I would know I would know I will come well I will come well. I will get you you will get you to get you to get you to get job placement, etc. on the same day.” On the same day, at around 20:59, the Defendant sent the victim a serious debate with each other as a monetary problem that the Defendant promised to receive from the victim under the pretext of job placement, etc. On the other hand, at around 21:00 on the same day, the Defendant entered the kitchen-gu D building A(30cc in total, 18cc in length, knife-day, 18cc in front of the Defendant's back, and knife the part of the kitchen, such as the victim's knife and knife, and the part of the kitchen was prepared to put the victim to the left side of the kitchen.

As a result, the Defendant carried a deadly weapon and inflicted injury on the victim, such as the need for surgery between several months of time and the treatment of hospitalization, etc. on the left-hand side of the medical treatment days, such as the damage of the warden in which he/she is living in an open state.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Application of Acts and subordinate statutes to the records of seizure;

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;

2. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 30 years; and

2. Scope of recommendations (determination of types) according to the sentencing criteria shall be violent.

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