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(영문) 전주지방법원 2013.12.19 2013고단2206
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

On July 2013, the victim C(37 years of age) discovered that he sent the Defendant with the contents of “self-profes, E’, singing singing from his own car, X-ray, and so on” in the Kakakao Kakao Kakao text, which was in a mobile phone used by his wife, and discovered the Defendant’s suspicion, and that such writing was transferred to the Defendant.

At around 17:40 on July 11, 2013, the Defendant called the victim by phone at G office operated by the Defendant located in the Jinanan-gun, Jinan-gun, Jinan-gun on the right side of the victim, and then put the victim's head two or three times on the victim's head by side of the kitchen knife, knife knife and knife knife knife knife knife knife, knife, and knife knife knife., one while the knife was dead, one while the knife was dead," and the victim's knife knife knife at the right side of the kitchen knife, which is a dangerous article.

Accordingly, the Defendant assaulted the victim with dangerous objects as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and H;

1. Application of the Acts and subordinate statutes to report on investigation (on the spot and blade photographs);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the favorable circumstances, such as the fact that the defendant led to the crime and reflects it, and deposit two million won for the victim);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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