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(영문) 전주지방법원 군산지원 2016.02.15 2015고단1337
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

A seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

At around 15:20 on December 24, 2015, the Defendant inflicted injury on the victim E (51) in the F-container office operated by the Defendant on the ground that the injured party f.o., who f.o.d. (51) had f.o.d., caused a serious dispute with the Defendant’s wife, such as a knife (24cm length) at the right knife (24cm) of the victim’s right f.m., which is a dangerous object, one time to the victim’s f.o.m., which requires approximately four weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Police seizure records and photographs of seized articles (80 pages of the investigation records);

1. Application of a copy of a medical certificate (169 pages for investigation records);

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

1. Circumstances favorable to the reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act: Determination of sentencing in accordance with the sentencing guidelines set by the Supreme Court Sentencing - No special sentencing person: Imprisonment of two years to four years [the basic area] [the sentencing factors, age, family relation, sex, risk of committing a crime, result of a crime, etc.]: A sentence shall be determined by comprehensively taking into account the following factors: (a) the motive and circumstances of the crime are inferior; (b) the degree of injury has not been completely recovered; (c) the degree of injury has not been completely recovered; and (d) there have been several records of punishment due to violence; and (d) the scope of the recommended sentence is no special sentencing person: (a) the sentence sentence is to be pronounced: (b) the sentencing factors, other factors of the defendant’s age, family relation, sex; (d) the risk of committing a crime; and (e) the circumstances revealed after the crime.

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