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(영문) 대전지방법원 2016.01.08 2015고단3515
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 sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:50 on September 1, 2015, the Defendant, while living in a de facto marital relationship, D(51 aged) with the victim D(51) who was living in a de facto marital relationship in the Special Self-Governing City C building 205, was under drinking, and the Defendant “hing the victim” in the same year, and the Defendant, “hing the victim, who was living in a marina, bring, and so on, the Defendant, at the same time as the Defendant’s boomed the kitchen blades, which are dangerous things in the kitchen, in the instant case, at the time of the boom of the Defendant’s breath, was hing the victim’s left part and the part on the ship.

Accordingly, the defendant carried dangerous articles and inflicted an injury upon the victim who could not know the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. On-site photographs [the fact that the defendant was knife while recognizing the fact that the defendant was knife, the defendant was knife a glass, and did not knife a knife the victim. However, considering the defendant's prosecutor's statement, the victim's statement by the police, on-site photographs, etc., it is reasonable to see that the defendant took several knife several knifes while emphasizing the fact that the defendant

Although the upper part of the box suffered by the victim is likely to be caused by a glass window, it does not interfere with the finding of guilty of the facts charged as long as the defendant's act was the cause of the act.

Application of Statutes

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

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. On the grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the type] of habitual injury, repeated injury, and special injury to a repeated crime (the habitual injury, and special injury) [the person subject to special sentencing] - The victim is also liable for the occurrence of the crime or the expansion of damage.

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