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(영문) 의정부지방법원 2015.02.12 2014고단4564
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

At around 03:30 on November 19, 2014, the Defendant, “D” restaurant located in the Guri-si, Liri-si, followed by knife while drinking, such as the victim E (inn, 21 years old). The victim, “I knife a person in the knife, knife a person,” was snifeed by the victim, “I nife how I knife a person in the knife, you can report.”

Therefore, the Defendant taken the kitchen, which is a dangerous object that he had sent to the victim who had her face and kept in shopping bags, in advance, the kitchen knife ( approximately 33cm in total length, about 20cm in knife length), and the victim did not take a knife that “I can write the knife and write the knife,” and instead put the kitchen knife on the left face of the victim.

The Defendant carried dangerous goods as above and inflicted injury on the victim, such as the inside and outside of the area where the victim needs medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes concerning violence case photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] Violence: Type 1 (Habitual Injury, Bodi Bodi Bodily Injury, Bodi Bodily Injury) (Special Bodily Inflicting Person): Reduction element: - Ineligible for punishment (Aggravated Injury, Bodily Injury and Bodily Injury): Aggravation element: In addition, the basic area of serious injury [the scope of recommending punishment] / [the scope of recommending punishment] 2 years to 4 years [the scope of recommending punishment] - there is no serious reflectness, criminal punishment [decision of sentence] 2 years, probation, three years, community service 120 hours;

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