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(영문) 울산지방법원 2013.07.18 2013고단1747
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who is one of his punishment, knife C(54) brought a knife for the reason that he does not give part of his inherited property, and tried to threaten the victim.

At around 19:20 on March 9, 2013, the Defendant laid off the knife, which is a deadly weapon (20cc in knife length), that was found and had been in possession of the victim at the home of the Defendant located in Yangsan-si D, and puts the victim a part of the victim toward the victim.

The fingers of the victim who defends them were knifeed with the upper knife.

As a result, the defendant carried a deadly weapon and inflicted an injury upon the victim's fingers whose days of treatment can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report-to attach photographs of the damaged part and the site of occurrence of the case;

1. Application of Acts and subordinate statutes to report on investigation (security of deadly weapons used in committing an offense and attaching photographs);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

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

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. Article 62 (1) of the Criminal Act;

1. Since a person inflicts an injury by using a deadly weapon for sentencing in Article 62-2 of the Probation Criminal Act, the sentence of imprisonment is inevitable, and its circumstances are very heavy, such as displaying a knife, etc.

However, taking into account the fact that an agreement was reached before and after the crime was committed as a pro-friendly relationship with the victim, the degree of injury suffered by the victim is relatively minor, and that there was no record of criminal punishment except for the two-time road traffic-related fine, the execution of the crime shall be suspended. In light of the relationship with the victim, etc., the risk of recidivism is likely to cause recidivism and probation equivalent to the grace period shall be determined as the same as

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