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(영문) 전주지방법원 2015.04.17 2014고단2074
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 16:00 on October 5, 2014, the Defendant: (a) carried the victim D (35 years of age, n) located in Yansan-si C in the front city of 16:00; (b) carried the victim’s head head 10 times by drinking the victim’s head knife; (c) carried the victim’s head knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knife knif knif knif knif knif knif knif knif knif knif knif

After all, the defendant possessed dangerous things and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning D;

1. Application of photographs, written diagnosis of injury, photographs of damaged parts, excessive photographs, and Acts and subordinate statutes;

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

2. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused in the following sentencing grounds):

3. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “Suspension of Execution”) is that the crime of this case was committed with the knife, which is a dangerous thing of the defendant, in light of the type and method of the crime, the degree of damage and danger, and the degree of damage, etc., which are significant in light of the type and method of the crime. The fact that the defendant assaulted the victim even before the crime of this case, and even before the crime of this case, it appears that he did not have agreed upon, but did not escape from, a criminal complaint.

However, the defendant's mistake is against himself while committing the crime of this case.

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