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(영문) 전주지방법원 2013.10.01 2013고단1872
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 becomes final and conclusive.

Reasons

Punishment of the crime

around 03:00 on March 14, 2013, the Defendant drinked alcohol together at the D main points located in Jinanan Army C in the Jinan Army of North Korea on March 14, 2013.

The victim F(56 years of age) was a beer's disease, which is a dangerous object on a customer or a dangerous object on the customer, for reasons of the occurrence of E, and the victim's side of this part was taken once again, and then the victim's kitchen, which is a deadly weapon in the above main room (34 cm in length, 20 cm in length, 10 cm in length), was used as a kitchen knife and said kitchen knife in the above main room.

The defendant continued to defincing the threat, and the victim took the blades of the kitchen knife in his left hand, deducted the kitchen from the kitchen knife of the kitchen knife, and knife the fingers of the victim with the kitchen knife.

As a result, the defendant carried a deadly weapon with a deadly weapon, etc., brought the victim's wound, sacrificing, sacrificing, and knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, and E;

1. Application of seizure records and list statutes;

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. Consideration under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (a favorable circumstance shall be taken into consideration, such as the confession of and reflect against the crime by the defendant, the degree of damage, the fact that the defendant agreed smoothly with the victim without much weighting the degree of damage, and the fact that the defendant has no record of punishment for the last ten years);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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