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(영문) 서울남부지방법원 2014.03.12 2014고단162
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

On September 20, 2013, around 19:48, the Defendant: (a) at the Defendant’s house of Geumcheon-gu Seoul Metropolitan Government, C201, the victim E, the father of D, who was the father of D (the age of 57) who was a side of D, which was a dispute over the wife D's problem, wishes to speak, and (b) with a food blade (the total length of 31cm, the blade length of 19cc) which is a dangerous object D owned by D, and is placed on the Defendant and the victim.

The part of the victim's separation was cut, and the victim suffered bodily injury such as tear tearing 10cm in the part of the treatment days.

Accordingly, the defendant possessed dangerous things and injured the victim who is a lineal ascendant.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. Application of statutes on copies of medical records;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (2) and (1) of the Criminal Act concerning the crime;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence;

1. The scope of punishment by law: Imprisonment for not less than one year and six months to fifteen years;

2. Scope of recommendations according to the sentencing criteria;

(a)[Types of Crimes] In the category 1 (Special Bodily Injury, Bodily Injury, Special Bodily Bodily Injury) of habitual injury, Bodily Injury (Special Bodily Injury, Special Bodily Injury) among the violent crime group, the victim (Special Aggravation), who is still in existence, minor injury and non-members of punishment [the scope of sentence of recommendation] mitigated area (one year and June to June);

(b) Criteria for suspension of execution: negative, positive, or minor injury;

3. Determination of sentence: One and half years of imprisonment, and two years of suspended sentence are crimes of this case where the defendant, who is a lineal ascendant, injured a knife, which is a deadly weapon, as stated in the facts of crime, committed against the victim. However, the defendant led to confession of the crimes of this case.

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