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(영문) 의정부지방법원 2013.03.22 2013고단195
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

Punishment of the crime

At around 01:00 on January 10, 2013, the Defendant: (a) was suspected of having a related party D (the 31 years of age, women) in the Defendant’s residence, Namyang-si, Cump 205, and had a view to the victim while taking care of the victim; (b) was placed in the victim’s head; (c) a kitchen (the 31cm in total length, 19cm in a knife) which is a dangerous thing located therein; (d) was placed in the victim’s face, head and clothes at the left hand, and took care of the victim’s knife, walking the knife, walking the knife, and walking the victim’s clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes to an investigation report (referring to the submission of a medical certificate for injury);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant recognizes the crime and is divided by committing the crime, and the victim does not want the punishment of the defendant by agreement with the victim);

1. Article 62 (1) of the Criminal Act on the suspension of execution (precluding the preceding sentence);

1. Article 48 (1) of the Criminal Act of confiscation;

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