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(영문) 청주지방법원 충주지원 2013.08.16 2013고단336
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

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

At around 19:00 on May 5, 2013, the Defendant, at the house of the victim D(39 years of age) located in Chungcheongbuk-gun Carryover 303 (39 years of age). While talking about the issue of the victim’s inside with the Defendant’s wife E, the Defendant sent the victim the victim’s “whether or not the victim has been suffering from her inside, due to her storm,” and the victim’s answer to “I are no superior to Ghana” on the ground that he met the victim’s knife, which is a deadly weapon (17cm in length, 28cm in total length) holding the victim’s right side side of the victim’s knife, and caused the victim’s injury to the open side of the chest electric wall that requires three weeks treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. On-site photographs and criminal implements photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: considering various circumstances, such as the defendant's age, character and conduct, occupation and family environment, in a knife, which are dangerous things, where the defendant inflicted a wound on the part of the victim, which may lead to a very dangerous criminal result: The defendant agreed with the victim; the defendant does not have criminal punishment; the defendant reflects the crime; the defendant is against the defendant's age, character and conduct, occupation and family environment, etc.

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