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(영문) 의정부지방법원 2014.11.11 2014고단2876
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

The Defendant had a right to appeal against the victim D, the Chairperson of the Senior Citizens Association, who is the Chairperson of the Senior Citizens Association, and was refused to provide assistance to the Korean Senior Citizens Association because the wife of the Republic of Korea nationality of the Republic of Korea (hereinafter referred to as the "the Republic of Korea") who had been working in the Docheon-gun Senior Citizens Association C had much

At around 15:40 on June 23, 2014, the Defendant knew that the victim received a request from the Defendant’s wife to change KRW 500,000 from the F community hall located in Gyeonggi-gun E, Gyeonggi-do, and that it was not a door-to-door, and requested the victim to do so, but the victim was refused, and the Defendant was subject to the refusal, and the kitchen knife (the total length: 30cm, the knife length: 18cm) which is a dangerous thing in the port where he was in the port where he was in the port, and caused the victim to suffer approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate of injury, and photographs of the upper part of the body;

1. A complaint;

1. Report of investigation (Attachment of photographs, such as a criminal implements), and application of Acts and subordinate statutes to report of investigation (the counter-investigation of a shote);

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The reason for sentencing under Article 62(1) of the Criminal Act is that there is no basic area (2 to four years) (2 to four years) of the type 1 of habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, and special injury) (2 to four years) (the decision of sentence] (the act of a defendant is that the other party is cut off in a knife, and the act of a defendant causes unfavorable sentencing against the defendant, such as that the method of crime is dangerous,

However, the defendant seems to have committed the crime of this case by contingency, the degree of damage is relatively not severe, the defendant deposited 750,000 won for the victim, and the defendant is aged, and the defendant led to the crime of this case.

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