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(영문) 수원지방법원 2014.11.07 2014고단4611
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On July 20, 2014, the Defendant: (a) around 21:20, on the ground that the victim D(50 years of age) was satisfying against the Defendant, the Defendant satisfying down the victim’s head head by knifing the victim’s knife, which is a dangerous object (35cm) prepared in advance; (b) the victim knife the Defendant’s knife and knife the Defendant’s knife, and tried to knife the victim’s knife and knife the Defendant’s knife, and tried to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Seizure records;

1. Application of Acts and subordinate statutes concerning photographic images;

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. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for the sentencing of Article 48(1) of the Confiscation Criminal Act [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodily Injury), the mitigation area (one year and six months through two years and six months): Imprisonment with prison labor; one year and six months; two years of a suspended sentence; circumstances leading to the community service order crimes; and the method of committing the crimes are not easy in light of the nature of crimes;

However, considering the fact that the defendant reflects the defendant, that the victim is not subject to the punishment of the defendant, that the defendant does not have the same kind of criminal records except for the punishment once due to violent crimes in around 1991, and that the defendant does not have the sentence, the punishment was determined by comprehensively taking into account all the sentencing conditions, including the defendant's age, character and behavior, environment, and circumstances after the crime.

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