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(영문) 서울북부지방법원 2015.12.23 2015고단4012

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On October 24, 2015, at around 22:30 on October 24, 2015, the Defendant reported the victim D (ma, 50 years of age) and E in the house of Dongdaemun-gu Seoul Metropolitan Government 1st floor, but it did not stop, and the kitchen knife, which was a deadly weapon located in the chemical located in the chemical area, caused the victim to leave the victim's left side by knifbbbbbbbbbbbbbbb, and caused the victim to leave the left side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act of forfeiture [Scope of Recommendation] Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), mitigated area (1 year and June 2 year and June 1) / In cases where punishment is not imposed (including efforts taken to recover damage) or considerable partial damage is recovered, the range of sentence comparison between applicable sentences and recommended sentences: From 16 to 2 years: 16 months [Determination of Sentence]] of 16-2 year and 6 months; the Defendant has committed the crime of inflicting the injury on the victim with the kitchen knife while the Defendant was committing the crime in this case; the victim and his 50-year life-friendly death did not want the punishment of the Defendant; the Defendant brought about the Defendant’s motive to commit the crime in this case and the sentence of this case on the day of the crime in this case; the Defendant did not have any motive and condition that the crime in this case.