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(영문) 서울북부지방법원 2015.04.03 2014고단4643

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 18:00 on May 13, 2014, the Defendant requested repair from Seongbuk-gu Seoul, Seongbuk-gu, and the installing company of his house toilets of 909 Dong 1702, and the victim D (the age of 48) visited the above defendant's house to complete repair, and became a problem of repair costs.

The Defendant heard from the victim the phrase “I have to pay for repair costs at once and for subsequent generations, I have to do so. I have to do so. I have to talk with the directors of the Hen Company, and if I have to talk with the articles, I have to say that I have a lot of articles.” In the kitchen, I have a knife, which is a dangerous weapon in the kitchen, and used it with it with a knife (21 cm in a knife length) at the kitchen, and used it as if I had a knife a knife from the victim, and assaulted three times the victim’s knife from the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of Acts and subordinate statutes to the police suspect examination protocol regarding D;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The basic area (6 to 10 months), the basic area (6 to 10 months) of the crime (special mitigation) / [a person subject to special mitigation] the motive for the crime [a] the decision of sentence] immediately after the crime, such as denying a part of the crime immediately after the crime and filing a complaint with the victim and the investigating police officer, which is extremely poor, but the defendant seems to be against the truth, and a suspended sentence shall be sentenced in consideration of the agreement with the victim.