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(영문) 서울남부지방법원 2015.10.30 2015고단1809

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

However, 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

The defendant and the victim C(the age of 38) have been divorced around 2006, and they are married married couple in around 2013.

On April 20, 2015, at around 20:30, the Defendant used a knife (20 cm length, 13 cm length, knife knife knife knife knife knife knife knife knife knife knife knife knife knife) and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. Application of C’s written laws and regulations

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] Crimes of Type 6 (Habitual Offense, Habitual Offense, Special Violence) (No person who has been sentenced to a fine in excess of the basic area (6 months to 10 months) [Judgment of a sentence] of a person who has no record of being sentenced to a fine, and other conditions of sentencing, such as the defendant's age, character and conduct, environment and circumstances after crimes, shall be determined according to sentencing guidelines and the execution thereof shall be postponed on condition that the person is subject to probation.