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(영문) 춘천지방법원 속초지원 2016.07.06 2016재고단5
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

1. On June 10, 2014, the Defendant collected one food blade (22 cm length, 34 cm total length, 34 cm) which is a deadly weapon stored in the love air conditioning, from the victim D (C) who is a friendly fluor in the Defendant’s house located in Seocho-si, Seocho-si, 18:45, while drinking together with the Defendant’s fluor D (46 cm) who was a fluorous fluor in the Defendant’s house, and carried out a fighting, and caused damage to the fluor’s fluor and fluor, etc. to the victim who tried to defend by putting his arms two to three times, for about five weeks medical treatment.

2. Special intimidation: (a) around June 10, 2014, the Defendant: (b) 20:17, 117, knife a knife a knife and knife four knife, such as the victim E (13 knife) who is a middle student, in the vicinity of the early elementary school playground (117) around the knife knife, and flife a knife; and (c) hife a knife the victim’s body, the Defendant expressed the knife that “the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

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

1. Sacker photographs, knife pictures, and photographs in custody;

1. A victim, on-site photograph and on-site photograph;

1. Application of Acts and subordinate statutes (D);

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 284 and 283 (1) (a point of special intimidation and choice of imprisonment) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant reflects his/her mistake, and that the injured person does not want the punishment of the defendant.

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