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(영문) 춘천지방법원 원주지원 2017.06.27 2011고단36
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

The execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 19, 2010, the Defendant, while carrying a lethal weapon, brought about food blades ( approximately 30cm in total length, approximately 18cm in length: : 18cm in length) dangerous things at home on the ground that the victim refused the exchange of the horse on September 19, 2010, at the “E convenience store” operated by the victim D (46 cm), and brought about approximately 30cm in total and about 18cm in length, and brought about one knife in the knife in the knife, which is a dangerous object used by the victim of the victim who escaped, by cutting off the victim’s head from the said nife, two times in the victim’s head, and suffered injury, such as two knifes in need of treatment for about two weeks.

2. The Defendant damaged property by putting one monitor at the market price equivalent to 120,000 won owned by the victim who was in a cater by drinking at the above time and place. The Defendant damaged the screen.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A written diagnosis of injury and written estimate;

1. Application of Acts and subordinate statutes to photographs of damaged parts, seized objects and photographs;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) and 366 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the nature of the crime is considerably poor in light of the motive of the crime or the attitude of the crime, and there are several criminal punishments due to the crime with violent inclinations, and it is necessary to strictly punish the crime since the damage has not been recovered at all.

However, it seems that a long-term disability, such as degradation of recognition function, suffered from a special injury, has influenced the crime, and in the case of the crime of special injury, the degree of damage is not a significant part (in particular, the upper part by knife is not a knife, but a snife is considered to be the upper part of the benife), and the victim is not able to be subject to criminal punishment.

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