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(영문) 서울북부지방법원 2015.05.01 2015고단799

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:00 on March 6, 2015, the Defendant, at the house of the victim D (n, 20 years of age) located in Jung-gu Seoul Metropolitan Government, brought a dispute with the victim for the reason that the victim living together with another male, told the victim to leave the house, and tried to cover the victim's house, and then clock (30 cm in total length, 18 cm in daily length, 18 cm in the same knife as the victim's "the same deceased," and knife the part of the victim's twice in the above knife knife twice in order to prevent the victim's contact on the knife, the second knife knife knife knife knife knife knifs.

The Defendant again tried to set up a fish (22 cm in total length) which is a dangerous thing that was located in the main room, and tried to set up the victim, and divided the victim with the Defendant’s arms into two parts.

Accordingly, the defendant carried a dangerous knick and salted knick with the victim, who was the second hand of the right of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs) and a report on investigation (as to the body and body of the victim);

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Habitual Injury, Bodi Bodi Bodi Bodi Bodily Injury, and Special Bodi Bodily Injury (Habitual Injury, Bodi Bodily Injury) (1 year and 6 months) (1 year and 2 years and 6 months) minor injury (special mitigation) (a decision of sentence] minor injury (a decision of sentence is necessary for E who gives birth to a defendant under detention of the defendant, and due to detention and birth of a child, the defendant reflects his or her mistake in depth, and is E.