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(영문) 대전지방법원 천안지원 2013.09.05 2013고단938
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 (knife) shall be confiscated from the accused.

Reasons

Punishment of the crime

At around 16:25 on July 14, 2013, the Defendant, while drinking alcohol together with the Victim E (32 years of age) and the Victim F (27 years of age) in a “D” restaurant located in Asan City, Asan City, on the ground that the victim E, who was not well grounded in ordinary appraisal, was at the time of vision and prepared in advance on the ground that the victim E, who was not well grounded, was at the time of the horse, was at the time of a deadly weapons (10cm in total length, 6cm in blade length) and displayed a knife toward the Victim E.

As a result, the Defendant inflicted injury on the victim E, such as “an open wound or damage to use,” which requires approximately four weeks of medical treatment, on the part of the victim F, and on the part of the victim F, on the part of the victim F, the Defendant inflicted an injury necessary for medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol concerning the examination of each police suspect against F and E;

1. Protocol of the police statement concerning G;

1. A H statement;

1. The application of the records of seizure and the list of seizure, each investigation report, field photographs, and damaged statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., initial offenders and reflective points);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act of confiscation [the sentence of imprisonment] [the decision of a sentence] - Violence: Habitual injury, repeated crime injury, special injury resulting from repeated injury, special injury [the decision of the recommended area] 2-4 years [the scope of the recommended area] / 4 years / [the general person] - there is no record of reflective punishment serious as to mitigation elements / [the applicable provisions of applicable Acts] : The statutory punishment of punishment between three and thirty years under Article 3(1) and Article 2(1)3 of the breadth Act: The scope of statutory aggravated punishment and mitigation of sentence: 3-30 years of imprisonment [whether or not] - The main reason for reference is either a crime by a negative organization or a multiple force, or a crime by carrying a deadly weapon or other dangerous articles.

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