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(영문) 전주지방법원 2015.08.19 2015고단731

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:30 on February 28, 2015, the Defendant, without any justifiable reason, taken off the transition (the blade length 9.5 cm, the knife 10 cm, the knife 10 cm, the knife 1) that was the deadly weapon of the victim, which was inside the knife in the nife of the nife of the nife of the nife of the nife of the nife of the nife, and carried out the nife of the nife in the nife of the nife of the nife of the nife of the nife of the nife, and carried out the nife of the n

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police about D;

1. Application of statutes on field photographs, such as seized articles;

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;

2. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused in the following sentencing grounds):

3. Article 62 (1) of the Criminal Act (The following consideration shall be repeated for the defendant in favor of the reason for sentencing).

4. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Reduction elements of types 1 (Habitual Injury, Bodi Bodily Injury and Special Injury): Reduction elements of punishment (including serious efforts to recover damage), or where considerable damage has been recovered (decision on the area of recommendation), reduction elements of mitigation area [decision on the area of recommendation] mitigation (decision on the area of recommendation] mitigated area: In serious reflective (decision on the scope of recommendation] imprisonment with labor for 1 year and 6 months to 2 years and 6 months.

3. Determination of sentence: The crime of this case with a stay of execution of two years and six months shall be sentenced to a suspended sentence of two years for one year and six months, on the grounds that the defendant inflicted an injury on the shoulder of the victim by over-road, and that the nature and circumstances of the crime are grave in light of the circumstances and patterns of the crime, the method of the crime, etc., and that the defendant faces face by a shouldered softener, etc. even four years prior to the date of the crime of this case, etc.