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(영문) 의정부지방법원 2015.06.26 2015고단888
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 became final and conclusive.

Reasons

Punishment of the crime

On January 26, 2015, from around 18:00 to around 22:00 on the same day, the Defendant, within the house of the Defendant C Apartment 106 dong 901, the Defendant’s wife victim D (son, 73 years old) went to the house in the village without hearing his horse.

For the reason that there has been a dispute, the victim's face is cut back several times due to drinking, walking the telegraph of the victim, knife, which is a dangerous object continuously in the house, and knife the victim's chest and the victim's chest "on the knife of the knife," and threatened the victim's chest.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as the impairment of saves that require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Photographs;

1. Application of statutes to each investigation report (to hear and report telephone statements, such as victim D, and to hear and report telephone statements, such as witness E);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] [the range of habitual injury, repeated injury, special injury] type 1 (a habitual injury, repeated crime, injury, special injury] [a person subject to special mitigation] [a year and six months] imprisonment, and a two-year period disadvantageous to the suspended sentence: The defendant's crime of this case is very dangerous that the defendant carried a knife, which is a dangerous object, and suffered injury to the victim; the degree of violence is not easy; the defendant is recognized to have committed the crime of this case and the victim does not want the punishment of the defendant; and the crime of this case is not committed.

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