(영문) 서울북부지방법원 2014.08.21 2014고단1367

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(영문) 서울북부지방법원 2014.08.21 2014고단1367

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

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 December 5, 2013, the Defendant: (a) around 20:35, at the Defendant’s house located in Jung-gu Seoul Metropolitan Government, as a matter of divorce, has a knife D (n, 48 years of age) and one knife, which is a deadly weapon in front of the victim (32cc in total length, 20cc in blade) due to the collision of the victim; (b) took the knife of the victim; (c) taken the knife in front of the victim; (d) taken the knife in front of the victim; (d) taken the knife in front of the victim; (e) taken the knife in front of the victim; and (e) took the knife in front of the victim; (e) took the knife in front of the victim; and (e) took the knife in front of the victim; and (e) threatened the victim with one knife in front of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of each applicable statute of the existing Acts and subordinate statutes of No. 1 of the seized evidence (one food blade), No. 2 of the No. 1 of the No.

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

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

1. Probation under Article 62-2 of the Criminal Act;

1. In light of the method and means of committing the crime for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the crime is very poor and highly likely to be dangerous and criticized, the victim’s injury is serious, and the Defendant is also guilty of having been committed by domestic violence against the victim in addition to the instant case.

On the other hand, the same mediation protocol was prepared while the victim agreed on divorce and division of property in a lawsuit filed by the defendant, such as divorce, and accordingly, the risk of recidivism is significant.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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