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(영문) 수원지방법원 안산지원 2014.11.05 2014고단2545
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

Criminal facts

The defendant is between the victim C(55 years of age) and the social worship, and is a space between the victim C(55 years of age) and the people enjoying a usual drinking.

Around 11:00 on October 4, 2014, the Defendant demanded an apology from the Defendant’s office located in Ansan-si, Seoul-si, a member-gu, on the part of his other people, on the part of the victim, on the part of his other people.” However, the victim did not go to the apology.

At around 20:30 on October 4, 2014, the Defendant called, “I will die in the future” by telephone to the victim while under the influence of alcohol at the Defendant’s house located in Ansan-si, the Defendant laid off one excessive (14cm in the blade) that was in the kitchen, and put the victim into the Hemian dancing on October 4, 2014, and demanded the victim to talk with the company at the G gas station f located in the Ansan-si, Ansan-si, Ansan-si, the Defendant again rejected the victim, and even if the victim again rejected the victim and “I will die,” the Defendant left the chest left part of the victim’s chest at one time, and brought about approximately three weeks back to the victim under the influence of alcohol.

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The list of seizure and the protocol of seizure;

1. Application of Acts and subordinate statutes to photographs of the body part of the victim;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for sentencing)

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act is the case where the defendant injured the victim with a deadly weapon in the victim's play.

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