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(영문) 춘천지방법원 2014.05.15 2014고단131
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A around 02:25 on December 12, 2013, at the “E convenience store” operated by the victim D (33 years of age) located in Hongcheon-gun, Hongcheon-gun, Seoul, for the foregoing convenience store employees of the above convenience store without any reason under the influence of alcohol.

From the above F, she was forced to go to another.

After that, at around 03:55 on the same day, the Defendant carried a knife (13cm in length on a day) with a deadly weapon in order to comply with the Defendant’s knife, and returned to the said Eknife again at the above Eknife, and again carried it to the above F and Si expenses, the Defendant displayed the victim’s hand knife to the knife and knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife, the Defendant attempted to take the knife from the

As a result, the defendant, using a knife that is a deadly weapon, was placed on the right side of the 4th knife in need of treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (the details of attachment, such as a victim's D diagnosis report, and the victim's D status and submission of medical certificates);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act of confiscation [the range of recommending punishment] In the case of a habitual injury, repeated injury, and special injury, the basic area (2 to 4 years) (2 to 4 years), the basic area (2 to 2 years as a special mitigation) of category 1 (a special mitigation) of the Criminal Act, / the serious injury (a decision of sentence] is not agreed with the victim.

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