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(영문) 광주지방법원 2014.11.27 2014고단3533
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of 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

At around 18:00 on May 26, 2014, the Defendant collected the victim’s head by putting him/her in hand, who is a dangerous object on his/her customer’s seat, and again led to a knife part of the victim’s knife with a knife with the victim’s E (the age of 47) in the Southern-gu Seoul metropolitan area.

As a result, the Defendant assaulted the victim with dangerous objects, and put the victim into the head and the arms whose treatment days cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of the victim's wife;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] Article 62(1) of the Criminal Act provides that the mitigated area (one year to two months from June of a year) of Part I (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) may have the history of having been punished for the same criminal committed against the defendant. In light of the implements and degree of injury of the crime of this case, the nature of the crime of this case is not weak, but the defendant does not want the punishment of the victim by mutual consent with the victim, and there is no penalty power exceeding the fine due to the same criminal act, and all the sentencing factors such as the age, character and conduct, environment, etc. of the defendant, the period of punishment shall be

It is so decided as per Disposition for the above reasons.

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