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(영문) 서울남부지방법원 2014.10.30 2014고단3533

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is the couple's relationship with the victim B (math, 51).

On August 20, 2014, at around 23:20, the Defendant, at the Defendant’s house located in Guro-gu Seoul Metropolitan Government 11-dong 202, attempted to set the victim’s neck by hand, cut the victim’s neck by hand, and the kitchen knife, which is a dangerous thing located therein, in the victim’s way.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 260 (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 [Scope of recommending punishment] There is no basic area (6 to 10 months) (6 to 6 months), basic area (6 to 10 months) of the suspended sentence (6 to 10 months), and two years of the suspended sentence (2 years (2 years of the suspended sentence) of the suspended sentence (3 to 2 years of the suspended sentence)