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(영문) 광주지방법원 목포지원 2014.05.29 2014고단97

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 January 29, 2014, around 14:45, the Defendant frequently saw a dispute with the victim E (the age of 46) in relation to a woman and a de facto marital person in his/her year, and tried to have the knives from the victim one time.

The defendant saw two knife knife knife knife knife knife knife knife knife knife 18ccife knife knife knife knife knife knife 14ccife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Records of police seizure and list of seizure;

1. Application of Acts and subordinate statutes to photographs of victims and seized articles;

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 (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury resulting from violent crimes;

2. Determination of the scope of sentence: Reduction area, one year and six months from June to two years (a person who is subject to special mitigation: A person not subject to punishment);

3. The decision of sentence and suspended execution are divided and reflected by the defendant, and the victim does not want the punishment of the defendant, the defendant does not have any record of criminal punishment exceeding a fine, and the defendant's age, character and conduct, family relation, etc. are considered as the order of the defendant.