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(영문) 대전지방법원 천안지원 2014.12.30 2013고단1638
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

Criminal facts

On July 17, 2013, at around 12:05, the Defendant entered the “Dda” room located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Incheon, as a customer, and took an order for food to the victim E (n'e, 61 years of age) who is an employee, without any justifiable reason, killed the victim's right hand part of the victim's knife, and knife the snow", on the ground of a longer flife, which is a dangerous object, the Defendant sustained the victim at one time, with a part of the victim's right hand knife and a part of the left part one time, which requires approximately three-day medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on photographic data;

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 Criminal Act on Probation [Determination of Punishment] : The basic area of sentencing [Determination of the recommended area] Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury): Imprisonment with prison labor for 2 years or 4 years (whether to suspend the execution of sentence or not): In cases where a person commits a crime by carrying dangerous articles with him/her, it shall be determined as having the same sentence as the order of sentencing in excess of the range of sentencing considering all the factors of sentencing expressed in pleadings, such as crime, serious half (decision of sentence] criteria for sentencing and suspension of sentence, detailed contents of the victim's age and injury, kinds of dangerous articles carried by the defendant, transfer records of the defendant, age of the defendant, age of the defendant after the crime, attitude of the defendant, period of detention of the defendant, etc.

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