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(영문) 서울북부지방법원 2015.11.11 2015고단3290
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for three years.

The excessive one sheet (No. 1) seized shall be confiscated from the accused.

Reasons

Punishment of the crime

The Defendant, at around 16:00 on July 16, 2015, at “D convalescent Hospital” located in Yangyang-si, Namyang-si, 10,690 won, despite the fact that the victim E (the age of 71) borrowed 10,690 won from himself/herself on the same day, he/she saw that he/she was unable to use his/her memory, with the remainder of the knife, about 12 centimeters of the knife, and about 12 centimeters of the dangerous object located in the enife of the 503 room above, and 10,000 won, hereinafter referred to as “10,000 won, f.10,000 won, f.10,000 won, f., f., of the victim’s right f., and f., f., with each other.

As a result, the defendant put the victim on the left-hand side of the need for medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Seizure records;

1. Each photograph, opinion, etc.;

1. Application of Acts and subordinate statutes to a detailed statement of investigation reports (Evidence Nos. 2, 22, 23), and 112 reported cases;

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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under Acts: One year and six months to fifteen years;

2. A victim who is vulnerable to an aggravated area (three to five years) (three to five years) in the sentencing guidelines (referring to a person under special guard) (referring to a person under special guard).

3. On the ground that the Defendant did not recognize the fact that 10,000 won or more have been lent, it seems that the victim, who is an elderly patient, has been injured by over-road knife, but it seems that the seriousness of the crime could not be avoided, such as the statement that it was wholly caused by the mistake of the victim, and there are many records of having been punished by a fine due to violence, etc., and the process of the crime of this case

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