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(영문) 청주지방법원 충주지원 2013.04.09 2013고단49
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

One cover of the seized saws, one saws and one saws shall be confiscated, respectively.

Reasons

Punishment of the crime

On February 1, 2013, at around 14:40, the Defendant demanded a return of KRW 8 million of apartment rental deposit at the Seongbuk-gun C Apartment Management Office of Chungcheongnam-gun, Chungcheongnam-gu, Chungcheongnam-do, to return several times, the Defendant used a sawsaw (the total length: 50cm, the day length: 30cm), which is a dangerous object prepared in advance, on the ground that the Defendant failed to receive the return of the rental deposit of the apartment, and brought about two parts of the head of the victim D (the age of 60) who is the head of the above apartment management office on several occasions, which is the victim D (the age of 60).

Summary of Evidence

1. Defendant's legal statement;

1. A written examination of partial suspect against the accused by the prosecution (second time);

1. Each police statement of E and D;

1. Records of seizure and the list of seizure;

1. A written diagnosis of injury;

1. Application of field photographs and Acts and subordinate statutes governing victim photographs;

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. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act unfavorable to the defendant: Taking into account various circumstances, such as the defendant's age, character and conduct, occupation, family environment, etc., that are the conditions for sentencing as shown in the records, such as preparing a saw, which is a dangerous object, and using it, causing bodily injury to the victim; the crime of inflicting bodily injury with a dangerous object is highly likely to cause serious damage; and the defendant's attitude of reflectiveness is not visible to the defendant;

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