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(영문) 전주지방법원 2013.09.26 2013고단1450

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On January 29, 2013, at around 07:00, the Defendant laid the kitchen, which is a dangerous thing in the J and Jinck, a kitchen, which is a dangerous thing in the J and Jinck, by going through a kitchen, on the ground that the Defendant had expressed his desire to D at the house of the Defendant located in Kim Jong-si, Kim Jong-si on the ground that he expressed his desire to D.

The victim E, who was accompanied by D and accompanied, prevents the defendant in front of the defendant, and "tax base, tax calculation, knife."

1. The tax base of the tax base of the tax base of the tax base of the tax base;

The defendant, knife, knife, knife, knife, knife, knife the same kitchen with the kitchen knife, and threatened the victim as the knife.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each of the Acts and subordinate statutes on witness E and D's statutory statements;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (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. Although the suspended sentence does not reach an agreement with the victim on the reason of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds of sentencing"), the sentence like the order shall be determined by taking into account the following circumstances: (a) the Defendant has led to the confession and reflect of the crime committed late later; (b) the Defendant's husband did not actually have any actual threat to the victim; (c) the Defendant's husband did not have any criminal record exceeding the fine prior to the instant crime; (d) he did not have any criminal record prior to the instant crime; and (e) he actively endeavored to recover from damage, such as deposit of some money; and (e) other circumstances, such as the Defendant's age, character and conduct, family relationship, home environment, motive and means of the instant crime; and (e)

It is so decided as per Disposition for the above reasons.