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(영문) 대전지방법원 2014.8.27.선고 2014고단1544 판결
폭력행위등처벌에관한법률위반(집단·흉기등상해)
Cases

2014 Highest 1544 Violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc., injured person)

Defendant

A person shall be appointed.

Prosecutor

Yang Jaeather (Lawsuits) and Lee Jin (Trial)

Defense Counsel

Attorney Lee Dong-hwan (Korean National Treasury)

Imposition of Judgment

August 27, 2014

Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Criminal facts

On March 3, 2014, at around 20: 45, the Defendant sent the ship to the victim A, who is the spouse of ○○○ church, on the recommendation of the above church, and asked him to be injured because he was stolen, and thus, he was punished for the above-mentioned dispute with A, while taking the above-mentioned dispute, the Defendant was on the face (12 cm in total, 2.5 cm in length, 2.5 cm in length) which he was in possession of the above-mentioned examination. The Defendant sent several times to the victim B, the victim B, the victim C, and the victim.

As a result, the defendant set the victim A's sacrife and face side side side, the victim B's sacr and sacrife of treatment days, the victim's sacrife of treatment days to the victim, and the victim's sacrife of treatment days to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution;

1 . 甲 , 乙 , 丙 , 丁 , 戊 , 己에 대한 각 경찰 진술조서

1. Seizure records;

1. Certificates of photographs, investigative reports, and copies of medical records;

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257 of the Criminal Act

Paragraph 1

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

It is against the fact that the crime has been committed contingently, but the means and result of the crime are serious.

It is so decided as per Disposition for the above reasons.

Judges

Judges Cormoon

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