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(영문) 서울남부지방법원 2015.11.18 2015고단3871

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 5, 2015, at around 02:10 on the first floor of Yangcheon-gu Seoul Metropolitan Government C Apartment 113, 113, and around 02:05 on the same day, the defendant found the defendant who escaped as an issue of taxi fare in front of 105, and then tried to see the defendant's entrance of the apartment as well as the police officers, "I will see she will she will she she she she she she she she she she she will she she she she she she she she," and he she she she she gets a knife (total 30 cm a length, 18 cm a day length) which is a dangerous object on the kitchen of the kitchen, and she she she she gets out of the house, and she she she she will she get out of the house, and she she can get out of the victim's corridor to the left.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on seizure records;

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The conditions favorable to the following reasons for sentencing):

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. One year and six months from June to two years from the date of imprisonment on the sentencing guidelines (the group of violent crimes, habitual injury, repeated crime injury, special injury, Type 1 (Habitual injury, Bodily Injury, Bodily Injury and Bodily Injury) and the area of mitigation (the area of mitigation of punishment is not subject to punishment);

2. Determination of sentence of this case is considerably dangerous, and the defendant has been punished several times in the past, but the defendant has committed the crime of this case contingently, the defendant does not have much emphasis on the degree of injury, the defendant is divided, and the victim does not want the punishment of the defendant by agreement with the victim, and the defendant has a yellow disorder.