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(영문) 대전지방법원 서산지원 2015.06.11 2014고단985
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Justice] On October 25, 2012, the Defendant was sentenced to six months from the Seosan Branch of the Daejeon District Court to imprisonment with prison labor for night-time intrusion larceny, and completed the execution of the sentence in the Daejeon Prison on June 10, 2013.

【Criminal Facts】

At around 20:00 on April 29, 2014, the Defendant continued to have a knife the face and head of the victim due to an empty wound, which is a dangerous object that had been taken by the birth, while engaging in a conflict with the victim E (the age of 25) with the Defendant’s home located in D at the time of the Sinjin-si, and threatened the victim with a knife that is a dangerous object in the kitchen, and with a knife of the victim’s knife and the subsequent knife.

As a result, the defendant carried dangerous articles with the victim about about 14 days to 31 days to inflict damage on the integrity of head parts in need of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Photographs;

1. A written diagnosis of injury;

1. Previous records of judgment: Criminal records, inquiry reports by individuals, current status of confinement/taking by individuals, application of statutes of judgment;

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The Defendant asserts that the judgment on the Defendant’s argument regarding discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act was merely a threat to the victim’s knifeing him/her toward his/her ship without the victim’s land.

The following circumstances acknowledged by evidence, namely, the victim reversed a part of the statement regarding the time and method of assault, etc., but consistently stated that the defendant was subject to violence from the defendant due to an over-person and the defendant threatened himself/herself with a knife, and the victim was in the shape of the victim's injury or the victim's injury on the day of the instant case.

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