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(영문) 대전지방법원 2013.05.24 2013고단1319
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On March 21, 2013, at around 13:30 on March 21, 2013, the Defendant: (a) was a victim E (the 64 years of age) who had saw saw saws together at the residence of the building D of Daejeon, and the ranc as a vision, and (b) caused the victim to go ahead of the D’s dwelling, and (c) caused the dangerous things that she has left in the victim’s dwelling ( approximately 10cm in length, approximately 22cm in total length). On one occasion, the Defendant took an open top of the part of the body wall that requires approximately two weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to E;

1. Grounds for sentencing under Articles 3(1) and 2(1)3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257(1) of the Criminal Act [the scope of punishment] 3 years to 30 years [the case where a victim is fully responsible for the occurrence of a crime] mitigated elements (the victim is also a person who is a general person] [the scope of recommendations] aggravated elements (the same kind of punishment that is not a repeated crime, and less than 10 years after the completion of its execution] [the scope of recommendations] violent crime group; habitual injury, repeated injury, bodily injury (type 1), special injury (type 1), mitigated areas; whether a sentence of imprisonment is suspended]; the main reasons for sentencing - Where a victim is fully responsible for committing a crime with a deadly weapon or other dangerous articles - Where the victim is also liable for committing a crime - In addition, there is no concern that there is no risk of social injury from the same crime in the course of imprisonment with prison labor; a concern that there is no risk of any contingent punishment in the same process of recovery;

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