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(영문) 서울북부지방법원 2014.06.26 2014고단1323
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

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

At around 09:45 on May 10, 2014, the Defendant: (a) stated that the victim D (n, 33 years of age) who is the wife in Dongdaemun-gu Seoul Metropolitan Government was in front of the Chinese House, and the previous victim was in possession of a deadly weapon, which was a deadly weapon (24cm, 13cc in the blade length) on the ground that the victim was drinking and drinking out the alcohol, and expressed the victim’s desire to “Chewing, knif in the knife” out of the body of the victim, and expressed the victim’s face knife with one hand, and the victim took the above excessive steps by taking the victim’s knife and knife the above excessive steps. In the process, the Defendant took the victim’s knife and knife the above knife and knife on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement made to D and E;

1. Bodily damaged photographs, deadly weapons photographs;

1. Application of the existing Acts and subordinate statutes of No. 1 (One Overdo);

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 (the grounds for a suspended sentence below);

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the following circumstances: (a) the degree of danger and injury is relatively minor; (b) the victim's own knife is threatened with his wife; (c) the victim's punishment is not imposed against the defendant; and (d) the victim seems to have remarkably repented the crime during the period of detention; and (c) the victim appears to have been

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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

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