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(영문) 대구지방법원 상주지원 2014.04.22 2013고단535
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Around 20:00 on October 8, 2013, the Defendant, at the dwelling space of the Defendant located in C at the time of residence, had a secret to the victim of de facto marriage (at the age of 49), but the victim did not respond to it and would be at the issue of the Defendant’s verbal speculation. However, the Defendant had a knife for the kitchen (total length of 29.5cm, 18cm length of knife) in the kitchen kitchen.

The Defendant threatened the victim with “the son must die.” In the process of the victim’s knife the victim’s knife with his left hand, and knife the victim’s face and part of the victim’s knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife and knife with knife with knife with knife with the victim

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Reasons for the following sentencing):

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

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. Criteria for sentencing (determination of types) / Special Injury / Special Bodi Type / [Special Bodily Injury] mitigated element: A person not subject to punishment (a person subject to recommendation area and a sentence of recommendation), the mitigated area of punishment (a person subject to suspension of execution of sentence], one year and six months through six months [a person subject to suspension of execution] major reasons for writing: Where a person committed a crime by carrying a deadly weapon or other dangerous articles with him/her, the principal reason for writing: A person not subject to punishment;

2. Determination of sentence of this case has no particular history of punishment against the defendant, given that the nature of the crime in this case has not been mitigated, circumstances favorable to the defendant who agreed with the victim, and other age, character and conduct of the defendant.

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