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(영문) 춘천지방법원 2013.09.12 2013고단688
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On November 4, 2012, the Defendant: (a) around 21:45 on November 4, 2012, at the Dcafeteria parking lot located in Chuncheon-si, the Defendant provided the victim E (the age of 56) who was difficult in money to receive help from the victim but was rejected, and had three times the part of the victim's Douco blade (the blade length of 5cm), which is a dangerous object in advance, and had three times the victim need to receive treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure records;

1. Photographs of seized articles;

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. 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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for the crime of habitual injury, repeated injury, special injury (special person) - In cases of habitual injury, repeated injury, injury, special injury (including special injury) - reduction elements of punishment (including efforts to recover damage), or considerable part of damage [decision on the recommended area] mitigation area / [decision on the recommendation area] between 1 and 6 months / 2 years / major reasons for occurrence / Where a crime was committed by force of negative organizations or multiple groups or by carrying a deadly weapon or other dangerous articles, or where a crime was committed by carrying a deadly weapon or other dangerous articles (within five years, suspension of execution or not less than three times) - Major reasons for occurrence: positive punishment amount (including efforts to recover damage): General reasons for occurrence: positive contingency [decision on the punishment] of the crime of this case, while expressing the intent of victim as at the time of the crime of this case, the defendant has agreed to avoid some of the crime of this case, but has agreed to the punishment of this case.

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