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(영문) 부산지방법원 2014.11.13 2014고단7606
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On June 12, 2014, at around 01:05, the Defendant: D apartment 113 305, a residential area located in Busan Jin-gu, Busan, and Da apartment 113 305, and was diving, and went home to a broom E, and thereby, the victim F (36 years of age) who was a broom, was living together in the kitchen, was boomed, and tried to put the victim into the kitchen (35 cm in length, 23 cm in length in total) on the ground that the bridge was boomed, and tried to put the victim into the kitchen, but the victim's right shoulder part of the victim's body was flurged one time with the above kitchen knife, where the victim could not know the days of treatment, thereby inflicting an injury on the victim by carrying about dangerous things with approximately 3 cm in the right shoulder.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Application of the investigation report (No. 3) Acts and subordinate 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. The criminal defendant shall be sentenced to a punishment in consideration of the fact that the crime of this case with the reason for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act is a very dangerous crime with the body of the victim by using the kitchen knife, which is a deadly weapon, and the victim has a self-harm with the shoulder part of the victim's wind, and that the defendant has a large number of violent power.

In addition to the above circumstances, the punishment as ordered shall be determined by taking into account the fact that the defendant is aware of and reflects on the time of committing the crime, the agreement with the victim, the submitted application for coal, the family relationship of the defendant, and other conditions of sentencing under Article 51 of the Criminal Act

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