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(영문) 대구지방법원 경주지원 2016.03.31 2015고단1083
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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A defendant shall be punished by imprisonment for not less than one year and six months.

A number 1 (one knife) per annum of the total list of seized objects shall be from the defendant.

Reasons

Punishment of the crime

The defendant is in the position of the defendant, and is a space between the victim C and the victim C.

On September 24, 2015, at around 13:00, the Defendant drinked alcoholic beverages like the victim at his own house located in 405 "Dtel at around 13:00 on September 24, 2015, the Defendant used a knife (18cc in length on the knife) that is a dangerous object that is above the victim's house without any particular reason while under the influence of alcohol, and served with knife on the left side of the victim once.

As a result, the Defendant inflicted an injury on the victim, such as an open upper body of chests that require treatment for about five weeks, and an open wound into chests.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the total list of seized articles, on-site photographs, diagnostic certificates, logs for first-aid services, opinions, and copies of medical records;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. In light of the fact that the defendant's crime of sentencing under Article 48 (1) 1 of the Confiscation Criminal Code is based on the defendant's crime of this case, the victim suffered a heavy wound that leads to the breast wall, and the kitchen knife is proceeding, the victim could have lost his/her life, and the victim did not completely recover from damage to the victim, it is reasonable to punish the defendant with strict punishment.

However, the punishment shall be determined as ordered by considering various circumstances favorable to the defendant, such as the defendant's mistake is divided and there is no record of crime for about 15 years.

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