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(영문) 서울중앙지방법원 2014.04.16 2014고단1141
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 21:45 on January 28, 2014, the Defendant asserted D's issue of payment from the E main points of D operation in Jongno-gu Seoul Jongno-gu, Seoul, on the ground that the victim F (the age of 57) in the side table was tightly over the Defendant's body while speaking it, the Defendant divided it into a kitchen knife (the total length of 29cm, 18cm), and a kitchen knife (the knife length of 31cm, the knife length of 20cm) and the knife knife (the total length of 31cm, the knife length of 20cc).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D or F;

1. On-site photographs, kitchen blades and knife photographs;

1. Application of Acts and subordinate statutes to investigation reports;

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 (see, e.g., Supreme Court Decision 201Do148, Apr. 2

1. Suspension of execution of sentence Article 62(1) of the Criminal Act (hereinafter referred to as "the reasons for sentencing") and two forms of punishment [the following reasons] prescribed under Article 62(1) of the Criminal Act: Violence; habitual injury, repeated injury, repeated crime, special injury (special person) - mitigated element: In [the scope of recommending punishment] one year and six months to two years [the scope of recommending punishment] [the sentencing area] of one year and six months and six months [the scope of mitigation] of a crime causing bodily injury to the victim by using a lethal weapon; the crime is not less vulnerable to the victim; the confession and mistake of the defendant is the first offender; the defendant is the first offender; the defendant's age, character and conduct, intelligence and environment; the motive, means and consequence of the crime; the circumstances after the crime, etc. shall be determined as per the order.

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