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(영문) 인천지방법원 2015.09.02 2015고단2540
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

At around 10:30 on April 3, 2015, the Defendant, while living together with the victim D (24 years of age) living together, had the face from the victim several times of assault, had a knife, which is a deadly weapon, 25 meters in front of the victim, and had the victim's left lower part of the victim's left lower part of the treatment days one time, and had the victim injured the victim on the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes on site photographs

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

1. The application of the sentencing criteria [type of crime] the category 1 (Special Bodily Injury) and the area of special mitigation (special mitigation) where victims are fully responsible for the occurrence of a crime: Imprisonment with prison labor for 9 months or from 2 months to 6 months;

2. On October 11, 2012, the Defendant, who was sentenced to a sentence, was sentenced to imprisonment for one year and three years of a suspended sentence, with labor for a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act, deadly weapons, etc.) at the Incheon District Court, and the judgment became final and conclusive October 19, 2012, and the Defendant committed the instant crime during the suspended sentence.

Therefore, the defendant is sentenced to punishment.

In determining the term of punishment, the following circumstances are considered: (a) even though the Defendant was punished for committing an offense by intimidationing her mother, which is a kitchen, which is a dangerous thing, as seen above, the offender committed a second offense in a similar way without being aware of it; (b) however, given that the instant crime was committed by the victim with unreasonable treatment, such as assaulting the Defendant first by robbery, etc., the victim is fully responsible for the occurrence of the crime; (c) the Defendant recognizes the crime and agrees with the victim; and (d) the victim does not want the punishment of the Defendant;

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