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(영문) 수원지방법원 2014.08.12 2014고단349
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Criminal facts

On September 16:45, 2013, at the home of the defendant in the second floor of the Suwon-si C multi-household house in Suwon-gu, Suwon-si, the defendant, as a matter of the payment of the victim D(46 years of age) and mobile phone fees, the defendant saw the victim's head as a drinking in the city expenses, and put the victim's clothes into the lower part where the number of treatment days cannot be known to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A statement to the effect that the witness E shows in this court that D knife knife knife and the defendant has reached knife;

1. Each photographic image (investigative record 21 pages);

1. Application of the Act on the Investigation Report (including the “Medical Records” with respect to attached D, including relative investigation, etc. by doctors at the F Hospital)

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] The area of mitigation (one year and six months from June to two years and six months) in the area of mitigation (a person who is subject to special mitigation] (a decision of sentence] in the area of mitigation (one year and six months from June to six months): Imprisonment and one year and six months prevent the victim from questioning by the presiding judge confirming his/her intention of punishment in the court;

Although there is no punishment for the victim, it is desirable to settle the hospital treatment cost and make a good decision. It is reasonable to view that the victim's expression of non-guilty punishment for the defendant is conditional.

Even if there is a very high risk of over-roading the act, the defendant does not take any measures to avoid the crime and recover damage. Therefore, even if the favorable circumstances are considered below, the sentence of a certain period of punishment against the defendant is considered inevitable.

However, it is not clear that the injured party does not have any weight.

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