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(영문) 전주지방법원 2013.09.26 2012고단3427
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

On November 20, 2012, the Defendant, at the home of the Defendant, who was in possession of a dispute with the victim D (n, 58 years of age) at the head of the Defendant’s office of the Jeonsan-gu Seoul Special Metropolitan City 405 dong 414, 2012, laid down the transition (12.5 cm length) which was in possession of a deadly weapon, 12.5 cm on the left part of the victim once. The Defendant sleeped the victim’s head knife with the knife of the victim’s head knife of the 10-day knife, thereby breaking the victim’s head knife, thereby damaging the victim’s detailed shoulder in need of treatment for about 10 days, and damaging the land and power

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of medical certificates, records of seizure, and list 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. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act lies in injury to the victim, who is a deadly weapon, and the fact that it does not reach an agreement with the victim is unfavorable to the defendant. However, the defendant led to confession of the crime and reflects his mistake in depth through confinement life during the commission of the crime, the victim's verbal dispute, and the degree of damage was avoided, and the degree of damage was not severe, and only one-time punishment was imposed by the crime of interference with business prior to the crime of this case, and other circumstances that are the sentencing conditions indicated in the records of this case, such as the defendant's age, character, behavior, family relationship, home environment, motive and means of the crime, and circumstances after the crime of this case, shall be determined by taking into account the following factors

It is so decided as per Disposition for the above reasons.

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