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(영문) 광주지방법원 목포지원 2015.02.26 2014고단1383 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around September 21, 2014, the Defendant continued to state that he drinks with the victim D (the age of 59) in his house located in Sinpo City C, “I will not find out that the Defendant was a dead person’s consciousness,” while disputing the victim, the Defendant d'(the age of 59) continued to raise the face of drinking by the victim five times, and laid the kitchen, which is a dangerous object, and threatened the victim by raising the kitchen, such as putting the victim a bad figure.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol regarding D;

1. Application of investigation report (a knife knife knife knife knife knife) and case-related

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Grounds for sentencing (hereinafter the following grounds for sentencing) under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation;

1. Determination of types of crimes: Types 4 (Special Intimidation).

2. Determination of the scope of sentence: The lower limit of the scope of sentence shall be modified according to the mitigated area and the lower limit of the applicable sentencing range in June.

1. A person who is subject to special mitigation: A person not subject to punishment)

3. The defendant, who was sentenced on June 5, 2013, was sentenced to a suspended sentence of one year and six months by imprisonment for a violation of the Punishment of Violences, etc. Act (a collective crime, deadly weapon, etc.) at the Gwangju District Court on the grounds that he/she committed the instant crime on June 13, 2013, even though the above judgment became final and conclusive on June 13, 2013, and is currently under suspended sentence, and there is only the statutory penalty for a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc.

However, the sentencing criteria shall be limited in consideration of the fact that the defendant's mistake is recognized and reflected, the victim does not want the punishment of the defendant, the defendant was assaulted by the victim, the defendant's age, character and behavior, health condition, etc.

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