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(영문) 춘천지방법원 영월지원 2015.04.21 2015고단57

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 02:45 on January 26, 2015, the Defendant collected a knife knife (20.5 cm length) which is a dangerous object that had a de facto marital relation with the Defendant’s house located in Gangseo-gun, and carried out a knife knife (20.5 cm) which is a dangerous object that had a de facto marital relation with the victim. On the other hand, the Defendant carried out a knife knife on the left shoulder of the victim, and knifeed the victim for about 14 days on the left shoulder of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to photographs, injuries, and seizure records;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence shall be determined as ordered in consideration of all the relevant sentencing conditions, including the following: (a) the mitigated area (one year and six months to two months) [special mitigation] mitigated area (one year and six months); (b) a person who is actually a first offender except for a home protection case; (c) a dispute with a victim living together with the victim who is living together with the victim and the victim who has not want to be punished; (d) the victim does not want to be punished; and (e) the age, character and conduct of the defendant; and other various sentencing conditions, such as the circumstances after the crime;