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(영문) 수원지방법원 안산지원 2015.10.02 2015고단2417
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On July 24, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Suwon District Court’s Ansan Branch on July 24, 2013, and completed the execution of the sentence in a wooden prison on November 7, 2014.

At around 14:00 on July 12, 2015, the Defendant loaned KRW 300,000 to the victim D and drinking at the house of the Defendant at Ansan-si, Seoul and 102, while drinking the victim D and drinking, the Defendant took a knife knife (the total length of 29cm, the daily length of 17cm) which is a dangerous object in the kitchen, and knife at hand, brought about five back water of the victim at the end of the knife knife.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Recording records;

1. Related photographs;

1. Records of seizure and the list of seizure;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (verification of the period of repeated crimes, judgments of the same kind of power, etc.);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act / [Scope of Recommendation] The mitigated area (4 to 1.2 months) of the mitigation area (4 to 1.2 months) of the crime (special mitigation) / The normal circumstances favorable to the decision of sentence] of the same repeated crime: The fact that the crime is a repeated crime of the same kind that is unfavorable to the victim: The fact that the crime is a bad quality; the defendant's age, character and behavior, environment, the background of the crime of this case, the circumstances after the crime, etc.;

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