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(영문) 대전지방법원 서산지원 2015.01.23 2014고단1040
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

The defendant, who became aware of in the course of the introduction of her natives, was able to fit D, who is a female student of the same university, and was refused to do so, but considered that he was not only the victim because he was the victim E (the age of 19).

피고인은 2014. 11. 14. 19:45경 당진시 송산로에 있는 유곡초등학교 정문 앞에서 피해자를 만나기로 약속하고 위 장소로 가, 피해자를 보자마자 오른발로 피해자의 옆구리를 걷어차고, 주머니에 있던 미리 준비하여 간 위험한 물건인 과도(총 길이 20cm, 칼날 길이 8cm)를 오른손에 쥐고, 위 과도를 쥔 주먹을 피해자의 얼굴을 향해 내리쳤으나 피해자가 그 손을 잡아 과도에 피해자의 손이 베이게 하였다.

Accordingly, the defendant carried dangerous objects and carried them about about six weeks of treatment to the right hand in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, and D;

1. Police seizure records;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of a knife photograph of the victim's clothes), investigation report (Attachment of excessive knife photograph used for criminal administration);

1. Articles 3 (1), 2 (1) 3, and 257 (1) of the Act on the Punishment of Violences, etc. of Specific Crimes;

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 made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act was very dangerous to the defendant's method of committing a crime, and the nature of the crime is heavy in light of the defendant's motive of committing a crime.

However, the defendant is detained and under investigation and trial, and his mistake is divided, the defendant deposited 10 million won for the victim on January 2, 2015, and there is no criminal conviction against the defendant.

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