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(영문) 대전지방법원 2016.03.18 2015고단3849
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2015, around 19:10 on October 24, 2015, the Defendant: (a) the victim E (n, 49 years of age) who is the mother of the Defendant in the D cafeteria run by the Defendant in the Special Self-Governing City City C is called the victim E (n, n, e.g., the Defendant)

For reasons of decoration, the parts such as the victim's chest and the knife have reached once every time in excess (total 21cm, knife 10cm) which are dangerous objects on the part of the vessel at the place where they are located.

As a result, the defendant carried dangerous things with the victim, and inflicted an injury such as an open top of a plesive electric wall that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. Application of Acts and subordinate statutes on seizure records;

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

1. Article 10(2) and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness (applicable to the status of the defendant as at the time of dispatch of the police officer on the six pages of the police interrogation protocol against the defendant, and the statement of opinion prepared by the F of the will on January 12, 2016, as at the time of dispatch of the police officer on the six sides of the police interrogation protocol against the defendant);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as "the reasons for sentencing"), which are disadvantageous to the reasons for sentencing: The case where the victim has been injured two times in knife by a very bad condition: The case was committed in this case under the condition of mental and physical weakness taking advantage of the knife of depression; the case was agreed with the victim; and the decision of the sentence that is contrary to the above circumstances: the relation with the victim; the relation with the victim; the defendant's age, sex behavior; the motive for the crime; and the circumstances after the crime, etc., as set forth in the arguments of this case, shall be determined by the order.

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