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(영문) 서울서부지방법원 2013.07.24 2013고단1413

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

1. The defendant shall be punished by imprisonment for one year;

2. Subparagraph 1 of seized evidence shall be confiscated from the accused;

3. Provided, That this shall not apply.

Reasons

Punishment of the crime

[Criminal Power] The defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution on August 12, 2003 by the Seoul Central District Court on August 12, 2003 and has eight further criminal records.

【Criminal Facts】

At around 03:20 on June 17, 2013, the Defendant: (a) laid the victim E (n, 26 years of age) and one person working for the victim in front of the D convenience point located in Mapo-gu Seoul, Mapo-gu; and (b) laid the knife knife (17cm in length, 3.5cm in length, 10cm in length in length, and 10cm in length in length in length in the part of the treatment days) on the knife knife knife, which was kept in the knife on the ground that the victim respondeds to the knife knife.

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of E and F;

1. Police seizure records;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

1. Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental disorders (see, e.g., Supreme Court Decision 2007Da1448, Apr. 1, 2007)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the fact that the defendant is pening his mistake in depth, that the victim and his family members have agreed smoothly with the victim, and that the defendant's family members have hospitalized the defendant in a mental hospital and treated the defendant);