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(영문) 전주지방법원 2013.07.04 2013고단1233
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, 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

At around 22:40 on March 11, 2013, the Defendant stated that, while drinking alcohol together with the Victim E (41 years of age), F, and G, the Defendant was punished for the extension of the victim, and that, “I will start the conduct of the pre-service test” to the victim, the Defendant stated that “I will start the conduct of pre-service test.”

The Defendant continued to see that the victim was flicker, who was flicker, and flicker, and flicker was flicker, and flicker was flicker at one time on the right side of the victim, and the head was flicker at once.

The Defendant, against this, divided the victim’s desire to resist, franks (30cm in blade length, 45cm in total length) from the main room of the said Dju shop, and followed the victim’s left side bucks one time with the above knife, which is a deadly weapon.

Accordingly, the defendant carried a deadly weapon with a deadly weapon and caused the victim to leave the left-hand side in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, and E;

1. Diagnosis certificates and investigation reports (related to the submission of certificates of entry/discharge of victims);

1. Application of seizure records and list statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant, while fighting the body with the victim, used the kitchen knife with the victim, has inflicted an injury on the left knife at one time by using the kitchen knife, and the nature of the crime and the circumstances of the crime can be such that the serious damage to the victim may be caused.

However, the fact that the defendant is led to a crime and is against the defendant, and the victim of friendly arrest and drinking alcohol in 20 years is dead.

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