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(영문) 청주지방법원 2015.04.09 2014고단1494
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:10 on September 1, 2014, the Defendant: (a) had a dispute between the victim E (the age of 42) and the price settlement with the Defendant’s operation of the Defendant on the 1st floor of Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) had a kitchen, which is a dangerous object of entering the said singing practice room; (c) attempted to cover the part of the victim’s clothes using the said kitchen knife; and (d) the victim had a part of the said kitchen knife’s left hand with the knife part of the said kitchen knife.

In the end, the Defendant, which is a dangerous thing, laid the left side of the kitchen, in which the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Examination protocol of the accused by prosecution;

1. Records of seizure and the list of seizure;

1. Seized articles and photographs;

1. 112 reported details; and

1. Application of the Acts and subordinate statutes on crime scene CDs;

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 extenuating circumstances among 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 [the determination of a type] violent crime group, Type 1 [the determination of the recommended field] of habitual injury, repeated injury, special injury [the scope of punishment] [the scope of punishment by recommendation] [the scope of punishment by minor injury] [the scope of punishment by recommendation]] 1 year and six months through two years and six months (based on the lowest limit of punishment by law)], the defendant inflicted an injury on the victim with a kitchen, which is a thing dangerous to the end of a minor death, and the nature of the crime is very heavy.

Although the victim's injury is minor, the defendant did not seem to be able to at all reflect the crime while denying it. Therefore, the defendant is seriously punished.

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