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(영문) 의정부지방법원 고양지원 2015.06.02 2015고단849
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

Criminal facts

At around 20:58 on April 14, 2015, the Defendant: (a) went under the influence of “E” at the main point of “E” used by the victim D (n, 56 years of age); (b) and (c) 1 knife (the total length of 22cc and 9cm length of the knife) with a deadly weapon, repeated the Defendant’s knifeing of the knife with a deadly weapon, and her knife with a knife that knife knife knife knife that knife knife knife knife that knife knife knife knife that knife knife knife that knife kn

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A criminal investigation report or investigation report (to hear victim's D phone statements and file sound CDs);

1. Application of Acts and subordinate statutes to photographs of victims and field 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommending punishment] The mitigated area (4 to one year and two months), the mitigated area (4 to one year and two months), the punishment of a person who is not subject to special mitigation (including efforts to recover damage), or where considerable damage has been restored (the decision of sentence] the case of assaulting with a knife, which is a lethal weapon, but the nature of the crime is not good. However, the crime of this case is likely to result in the crime of this case by contingency, the degree of assault against the victim seems not to be significant. The victim submitted a written agreement to the effect that he/she would have been punished for a fine until now; the defendant has no record of being punished for a fine; the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are considered.

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