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(영문) 수원지방법원 안양지원 2016.01.21 2015고단1893

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 25, 2015, the Defendant of special injury: (a) on October 25, 2015, around 00:0, the Defendant: (b) died of a knife (32 cm in total length, 19.5 cm in length) that is a dangerous object in possession of the Defendant’s knife (32 cm in total length, 19.5 cm in length) with the Defendant’s knife at the residence of the victim E (n.e., 368 knife and 1405 knife). The Defendant laid down a knife on the top of the floor of the knife and the part of the knife, the number of days of which can not be known once.

2. Around November 19, 2015, the Defendant: (a) around 18:55, on the apartment corridor as indicated in the preceding port, the Defendant refused the “stopy defect”; (b) but the Defendant rejected the “stop defect”; (c) left the place; and (d) placed the audience tape in the possession; and (d) attempted to remove the victim and forced the victim to move the victim’s residence into the victim’s residence; and (e) placed the hallway (33cm in length, 200cm in length, and 200cm in length) which is a dangerous object from the wall above, and threatened the victim by stating that the victim “the dead person” was the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. A written statement in F and G preparation;

1. Each protocol of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to the victim's wife and the photograph of seized articles;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 284 and 283 (1) (a point of special intimidation and choice of imprisonment) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the injured party does not want the punishment of the defendant, that the defendant has no record of crime except for one-time fine, that the defendant is against his/her mistake, and that the defendant is against his/her family relationship, age, and other matters.