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(영문) 의정부지방법원 2015.02.12 2014고단4494
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant resided in the D Apartment, 105 Dong 1206 and 1206, and the victim E (Nam, 34) is a person who resides in D apartment 105 Dong 1506 and 1506, which is an apartment, such as the defendant. The defendant has a dispute over the above D apartment 105 Dong 1306, 1406, and 1506 as to the place where noise occurred and the resolution of noise noise.

On November 30, 2014, around 09:30, the Defendant used a knife knife (20.5cm in length, 33cm in total) which is a deadly weapon on the kitchen, which was on the top of the kitchen, and used a knife (20.5cm in length, 20.5cm in length, 33cm in length) at the rest of the Defendant’s dwelling, which is an issue of inter-floor noise, and around 09:30, the Defendant exceeded the victim’s knife, and 3-5 times in the side of the knife.

After that, the defendant threatened the victim with the knife part of the knife with the knife part of the knife, threatened the victim with the knife in the process of preventing the knife of the knife of the knife, cut the victim's knife of the knife, flife the victim's knife of the knife of the knife, and flife the victim's knife of the knife of the knife

As above, the Defendant carried a deadly weapon with the victim, thereby inflicting bodily injury on the victim, such as subarguing the right side, which requires medical treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Records of prosecutorial and police statements concerning E;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the scene, deadly weapons, and photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury) (Special Bodily Injury) (Special Bodily Injury, Bodily Injury, Bodily Injury) of the Act on the Suspension of Execution - The grounds for the sentencing of Article 62(1) of the Criminal Act (Determination of the type of punishment) shall be deemed to be mitigated: the committee of punishment is not to be

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