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(영문) 전주지방법원 2013.05.30 2011고단1286
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

A knife knife (No. 1) shall be confiscated.

Reasons

Criminal facts

At around 20:12 on January 11, 2010, the Defendant brought about the victim D (55 years of age) who was living on the lower floor below that had been disputed due to noise problems between the floor and the lower floor in front of the Defendant’s house entrance at the front city, 103, 616, the Defendant brought about a dangerous knife, which is a dangerous object, on the victim’s face, on the ground that the victim D (5 years of age) saw the knife and the knife knife knife knife knife knife knife knife knife knife knife knife knife k

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Records and lists of police seizure;

1. Investigation report (related to the presence of a person in question, attaching photographs, and checking CCTVs);

1. Medical opinion, medical certificate of injury, and medical certificate;

1. Application of the Acts and subordinate statutes to each photograph, CCTV image output;

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. The crime of this case, based on the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, is inevitable in light of the following: (a) although the defendant inflicts bodily injury on the victim, which may cause a fatal consequence, the victim’s face face, a knife, which is a dangerous object, the defendant does not make any effort to recover the damage of the victim; and (b) the defendant has not made any specific effort to recover the damage.

However, it appears that the defendant committed the crime of this case by contingency while the defendant led to his confession of the crime of this case, and the victim living at the next floor booms that the defendant would have committed the crime of this case by contingency. The defendant has no record of punishment for 10 years recently, the defendant has old age, age, character and conduct, environment, etc., and the conditions of sentencing shown in the argument of this case.

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