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(영문) 대전지방법원 2016.06.22 2010고단519
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 26, 2009, the Defendant was operated by the Defendant in the D packing horse of the victim C (V, 55 years old) located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun on December 26, 200.

E's employees were unable to drink alcohol in the packaging of the victim's operation and absence from office on the ground that they were frequently in absence from office, and the victim's breath was pushed down with breath by hand, and the kitchen (25cm in the length of the kitchen) which is a dangerous object in the main room of the victim's knife with the victim's knife and discarded.

At present, there was no evidence of the death of the deceased.

As a result, the Defendant carried the kitchen knife, which is a dangerous object, and put the victim into the right dog, which requires treatment for about 10 days.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the prosecution against C;

1. A written diagnosis of injury;

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 3);

1. The sentencing of Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts shall be determined as ordered by considering the following circumstances.

Unfavorable circumstances: The defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. are committed, such as the fact that the crime committed with a deadly weapon at night, the risk was high, the damage was not recovered, and the victim was punished: there was no record of punishment for the same kind of crime, and the degree of the victim's injury is considered to be relatively excessive:

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