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(영문) 의정부지방법원 2015.04.21 2015고단454
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 13:00 on February 7, 2015, the Defendant is living together with the Defendant’s office at Pocheon-si Cudio 205, and is living together.

Along with the other female problems of the victim D (n, 47 years of age) that heed up to the victim due to the remaining two descendants, the victim was pushed down.

After that, the victim said that the victim would get home, and the defendant tried to get the victim's chest, and even after that, the victim did not look at the string of the victim, the victim who was a deadly weapon in the scam, was placed in the kitchen with a kitchen 19cm in the kitchen (19cm in the scamth) and was pushed down on the floor of the room and reported the victim's body "(such as a low time)", then the string of the kitchen knick was flicked by the victim's chest and chest, and the victim's knife knife knife knife knife knife knife knife knife knife knife knife knif.

Afterwards, the victim's face was left to be taken one time on the left hand while "the defendant will die when he/she reported."

In the end, the Defendant, carrying a deadly weapon with the victim, sustained bodily injury, such as light heat, brain, salvin, and fingers, which require medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The list of seizure;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of victims;

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. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] The sentence shall be imposed in cases of habitual injury, repeated injury, and special injury, category 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Bodily Injury), mitigation area (one year and six months to two years), punishment not (including advanced efforts to recover damage) or considerable partial damage.

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