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(영문) 인천지방법원 부천지원 2015.06.24 2015고단778

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

Reasons

Punishment of the crime

On March 23, 2015, at around 16:10, the Defendant, at the mother's house of the Defendant, who is located in Seocheon-gu, Seocheon-gu, Seocheon-si B, said, while drinking together with the victim D (the age of 46) who is a son, the Defendant tolds the Defendant that the victim should her her her her her her frith, and her frith, which is a deadly weapon (the blade length of 21.5 cm) in his her her home, followed by a deadly weapon, which was located in his her home, and her her knife in his knife, with his her knife and continued to take the knife of the victim.

As a result, the defendant used a deadly weapon to inflict an injury on the victim during treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the statement statement made to D by the police;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the points agreed with the victim);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The mitigated area of habitual injury, repeated crime injury, special injury (Habitual injury, repeated crime injury, special injury) [Special Mitigation] [Decision of Sentence] [Decision of Sentence] The degree of injury suffered by the victim due to the instant crime] is not much weighted, the defendant agreed with the victim smoothly, the victim does not want the punishment of the defendant, the victim does not want to have any record of punishment exceeding the fine due to the same crime, and Article 51 of the Criminal Act shall be comprehensively taken into account, to determine the term of punishment within the scope of recommendation of sentencing guidelines and suspend the execution of imprisonment.