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(영문) 수원지방법원 성남지원 2015.05.27 2015고단589

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six 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

At around 19:25 on April 1, 2015, the Defendant respondeded to the victim D(35 years of age) of the victim D in Hanam-si, Hannam-si, that the victim drinks alcohol with the victim, “I Doe, I Doe,” and called “I Doe Doe Doe Doe.” The Defendant threatened the victim with a knife knife (32.5 cm in length, 20.5 cm in knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif knif knif knif knif knif knnif.

As a result, the defendant carried dangerous objects and carried them to the right side of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. Application of statutes on site photographs;

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. Determination [Scope of Recommendation] on the application of the sentencing guidelines under Article 62 (1) of the Criminal Act / [Scope of Recommendation] on the application of the suspended sentence: Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury) (one year and six months through two years and six months) in the mitigated area (a year and six months), where minor bodily injury, penalty not (including serious effort to recover damage), or considerable damage has been recovered / A victim who is vulnerable to the crime (decision of sentence] one year and six months in imprisonment, suspended sentence two years (including that the victim does not want the punishment