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(영문) 서울동부지방법원 2014.12.04 2014고단3230

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for two years.

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

On June 3, 2014, at the defendant's house located in Gwangjin-gu Seoul Special Metropolitan City around 23:00, on the ground that the victim D (n, 51 years of age) discontinued the restaurant and does not listen to the defendant's horse that the nursing day would be seen, the defendant sent the victim's arms, etc. to drinking by drinking, and continued to take the victim's arms, etc. from drinking, and took one food knife (15.5cm in length, approximately 28cm in length, and about 28cm in length) which is a deadly weapon, and tried to take them away from the horse. The defendant puts the victim's knife in the above food knife.

Accordingly, the Defendant, by carrying a deadly weapon as above, inflicted an injury upon the victim, such as the victim’s hump, whose treatment period cannot be known, and by preventing the victim from leaving the above house for about 12 hours until the victim reported to the police around 11:00 on June 4, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of police seizure and list of seizure;

1. Application of Acts and subordinate statutes to blade photographs, photographs of damage, investigation reports, investigation reports (to hear statements from the victim's telephone);

1. Articles 3 (1), 2 (1) 3 and 2 (1) 2 of the Act on the Punishment of Violences, etc. of Crimes, Articles 257 (1) and 276 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 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] Habitual injury, repeated injury, and special injury: Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Special Bodily Injury) (Article 48 (1) 1 of the Criminal Act) (Violation of the Punishment of Violences, etc. Act (Article 48 (1) of the Punishment of Violences, etc.) and violation of the Punishment of Violences, etc. (Article 37 of the Criminal Act in relation to concurrent crimes (Article 3