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(영문) 전주지방법원 군산지원 2014.12.03 2014고단1192
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On June 13, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny and one year of suspended execution at the Jeonju District Court on June 21, 2014 and the judgment became final and conclusive on June 21, 2014.

[Criminal Facts] The Defendant is a seafarer of the inshore fishing vessel D (15 tons) in the Haan-gun, Haan-gun.

On April 28, 2014, at around 23:00, the Defendant: (a) at the near sea (F) of the Incheon Spoman-gun, the Defendant: (b) stated that “I will repair the victim during the course of divided the 4 illness of W (5 years of age), with four members of the deck G (5 years of age), H, I, and SariJ, etc., of the knife in the ship while anchored, “I will repair if I would have come to the sea water from the engine room so I would have come to the knife, I would like to say, “I would like not to go to the knife, I would have to do so,” and during the dispute, I would like to say, “I would like to have knife the victim's knife, which is dangerous to the face of the victim of A.I., while treating 16 meters high 16 meters high and high 16cm high.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Records of seizure and the list of seizure;

1. Evidentiary photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records of latter concurrent crimes), application of statutes governing judgment;

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 (i.e., the fact that he/she has made a confession and reflect, the fact that he/she has agreed with the victim, the fact that he/she has concluded a final judgment and has an ex post facto concurrent relationship with

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances, etc. in the front);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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