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(영문) 서울중앙지방법원 2014.06.18 2014고단2246

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

The Defendant, around December 1996, was married with the Victim C (FL, 44 years old) and was married with the Victim C on April 2013, 201, and was living together with the Victim D and fourth floor in Seoul Jung-gu around January 2014.

Around 22:00 on April 8, 2014, the Defendant took four main kitchen knife, which is a dangerous thing in the kitchen in which the Defendant had a horse or dispute with the victim, and took four main kitchen knife with the victim. The Defendant collected one of the aforesaid main kitchen knife (18cm in blade, 33cm in total length) and knife one of the two main kitchen knife, knife the part of the victim such as the victim, and knife another main kitchen knife (14cm in knife, 27cm in total length), and knife the part of the victim such as the victim, etc. one time with the victim, and knife in the course of the victim by walking the victim more than the number of the days of treatment, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement to C by the police;

1. Application of photographs, photographs, photographs, and Acts and subordinate statutes;

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 mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 2

1. Article 62 (1) of the Criminal Act (The following grounds for sentencing shall be taken into consideration):

1. In the case of mitigation area (one year and six months to two months), mitigation area (one year and six months), punishment not (including efforts to recover damage), or considerable damage (the decision of sentence] under Article 62-2(1) and the main sentence of Article 62-2(2) of the Probation Criminal Act, the crime is not good in terms of danger (the decision of sentence). On the other hand, the defendant is led to confession, the victim is the first offender, the victim is the defendant's wife's wife's wife, the age, character and conduct, and other cases.