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(영문) 서울남부지방법원 2015.11.25 2015고단4241
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

At around 21:55 on October 4, 2015, the Defendant, as the victim C and his husband and wife, returned home immediately without any contact, and the Defendant took a kitchen knife (18cm in blade, approximately 29cm in total length), which is a dangerous weapon in the rest of the kitchen where the victim had come home at the latest without any contact, and called “to kill the victim”, and “the victim will be killed”, and “the victim’s chests are displayed several times to prevent it, and the victim has a knife the victim’s left cover of 3 cm in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. C’s statement;

1. The body and photograph of the victim, and the knife used in crime;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

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. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation and order to provide community service and attend lectures;

1. Where the mitigation area (1 year and six months to two years), mitigation area (1 year and six months to six months), penalty exemption (including advanced efforts for recovery of damage), or considerable damage has been restored to the sentencing criteria [Scope of recommendation] for habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, and special injury) for habitual injury;

2. The crime of this case, which was sentenced to punishment, committed by the victim using a knife, which is a dangerous object, is extremely poor in the nature of the crime in light of the means and risk thereof, and the Defendant has a record of receiving family protective disposition by inflicting an injury on the victim even in 2013, etc.

However, the defendant recognized the crime of this case, and the victim did not want to punish the defendant under the agreement with the victim, and the case is contingent under the influence of alcohol.

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