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(영문) 수원지방법원 평택지원 2015.08.27 2014고단861
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 17:30 on June 18, 2014, the Defendant: (a) reported the victim C (59 years of age and South) who has been dead at the time of the Defendant’s previous year and the victim C (59 years of age) on his hand at the front of the sloping coal point in Pyeongtaek-dong 306-4, and assaulted the victim on the part of the victim, using the knife twice the victim’s left part of the victim’s knife, and the transition (11cm in length of the knife) that is a dangerous object in possession.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

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. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended execution does not include the nature of the crime of this case in light of the form of the crime of this case, the risk of means, etc., and not recovered from damage. However, the defendant recognized and against the crime of this case, the defendant has no record of criminal punishment exceeding suspended execution, and the reasons leading to the crime of this case and the result and the result of the crime of violence in the sentencing guidelines, and the basic area (6 months to 10 months) of the crime of violence in the sentencing guidelines shall be determined as the sentence of this case.

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