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(영문) 대전지방법원 2015.10.22 2015고단2254
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On June 30, 2015, the Defendant: (a) around 20:10, around Seo-gu, Seo-gu, Daejeon (Seoul, 36 years old) imposed the cost for using mobile phones purchased at the above upper point more than the Defendant’s anticipated, according to the victim; (b) was asked the victim on the ground that the victim disregards the Defendant; and (c) was in an open side of the victim’s left side knife with the knife (the total length of 24 cm, the knife length of 13 cm) which is a dangerous object that the Defendant possessed at the Defendant’s home because of the disregarding the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The police seizure report and seizure list;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act / [Scope of recommending punishment] The consideration of various conditions for sentencing, such as the group of violent crimes, violent crime group, habitual injury, repeated crime, special injury (type 1), mitigation area, sentence of imprisonment with prison labor for one year and six months to two years [decision of sentence] and the degree of danger, such as one time (1984), the degree of actual damage, the degree of actual damage, the fact that the defendant is against his/her mistake, the fact that the defendant did not reach an agreement with the victim, the motive and circumstance leading to the crime, the defendant's age, the environment of happiness, etc.

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