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집행유예
(영문) 울산지방법원 2015.9.2.선고 2014고단1875 판결
가.상해·나.폭력행위등처벌에관한법률위반(집단·흉기등상·해)
Cases

2014 highest 1875 A. Bodiis

(b) Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.);

m)

Defendant

1. A. A (89 years, remaining) and employees;

2. (b) B (89 years, inn), and assistant nurses;

Prosecutor

Kim Jong-Un (Court Prosecution) and Kim Jong-Un (Court Decision)

Defense Counsel

Attorney Kim Yong-Ba (Korean National Assembly for Defendant B)

Imposition of Judgment

September 2, 2015

Text

Defendant A shall be punished by imprisonment with prison labor for six months and by imprisonment for one year and six months.

However, for two years from the date this judgment became final and conclusive, the execution of each of the above punishment against the Defendants is suspended.

To confiscate seized knife knife knife knife knife knife knife knife knife knife knife

Reasons

Facts of crime

The defendants had been living together for 6 months, and there was a problem of the payment of the monthly rent.

1. Defendant A

On May 31, 2014: 06: around 00, the Defendant sent 0 ○○○ 20 x 20 x B (n, 24 years old) to the victimized Party B (n, f, f, f, f, f, f, d, d, d, d, d, d, "the victim had already completed the operation of the Republic of Korea; the victim was f, f, f, d, d, d, d, d, d, d, d, d, f, d, d, d, d, d, d, f, of the victim who was f, at the end of the time of the victim's face due to f, on the ground that the injured Party was "the victim had already completed the operation of the Republic of Korea."

2. Defendant B

The Defendant set up against the assault of the victim A (the age of 24) at the above time, at the same time and place, and puts the food knife (the total length of 30cm) and the excessive (23m in total length) (23m) of it, which was a deadly weapon in the kitchen, into the hand hand, and inflicted an injury on the victim, such as the two parts of the treatment days in which the victim flife with both hands, and the head of the victim flife with the knife, and the victim flife caused the victim's head by the number of days of treatment

Summary of Evidence

[Defendant A]

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. A written diagnosis for each injury;

[Defendant B]

1. A’s legal statement;

1. A protocol concerning the investigation of suspect A;

1. A photo, etc. of the victim A's upper part;

1. Funch blades and excessive photographs;

(2) Defendant B asserted that Defendant B’s act constituted self-defense by setting up a knife against the victim’s unfair violence, and the victim tried to have the victim deducted it, or that the Defendant’s act constitutes self-defense. According to the evidence of this case, the Defendant’s head was taken in a knife with the victim while raping with the victim, and that it does not constitute a considerable act against the victim’s unfair violence.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Defendant A: Article 257(1) of the Criminal Act - Determination of imprisonment ( Consideration of the volume and degree of breadth until the victim B knife, degree of injury inflicted on the victim B, circumstance of the case, etc.)

Defendant B: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act

1. Discretionary mitigation;

Defendant B: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances of the case, the extent and degree of the violence committed by the Defendant against A by the victim, and the degree of the injury inflicted by the victim A)

1. Suspension of execution;

Defendants: Article 62(1) of the Criminal Act

1. Confiscation;

Defendant B: Article 48(1)1 of the Criminal Act

Judges

For judges - For judges -

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