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(영문) 대구지방법원 의성지원 2013.04.18 2013고단3
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

At around 20:00 on December 29, 2012, the Defendant, while living together with the victim E (29 years of age) who was living together, brought about a dispute with the Defendant, placed on the hand the knife for the separation of small bones, which is a dangerous thing in the working stand, and caused the victim's distribution of the knife at least 22 cm in total, and approximately 10cm in knife length on about 14 days to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation reports (in cases of dispatch of the site), investigation reports (in cases of site photographs, etc.);

1. Application of Acts and subordinate statutes to an injury diagnosis certificate and an explanatory note;

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;

1. The defendant and his defense counsel asserted that the defendant was in a state of mental disability under the influence of alcohol at the time of the crime of this case. The records show that the defendant was in a state of mental disability under the influence of alcohol at the time of the crime of this case. Meanwhile, according to the records, the defendant's usual character and behavior, motive and circumstance of the crime of this case, means and method of the crime of this case, the defendant's behavior before and after the crime of this case, the defendant's behavior before and after the crime of this case, the defendant's behavior and attitude from the investigative agency to this court, and the situation at the time of the crime of this case, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime of this case.

It cannot be deemed that there was or was a weak state.

Therefore, the defendant and his defense counsel's above assertion is without merit.

The reason for sentencing [finite circumstances] - The crime of this case is a knife with the body of the victim as a knife for the defendant's separation work from small bones.

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