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(영문) 수원지방법원 안양지원 2015.09.04 2015고단718
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

[2015 Highest 718] On March 9, 2015, the Defendant: (a) at the main point of “D” located in Ansan-si C during the period of Ansan-si on March 9, 2015, the Defendant was punished for dispute on the grounds that the victim E (64 years of age) and the victim cannot be identified; (b) the beer, which is a dangerous object on the table, was placed on the table, once the head of the victim was taken one time; and (c) the Defendant inflicted injury on the victim, such as the softened base for treatment for about two weeks.

【2015 Highest 1025, Jun. 25, 2015, the Defendant threatened the victim H (30 years of age) who was living at the Ganyang-si 21:45, where the Defendant had been living at the Ganyang-si F3rd, and was living at the Ganyang-si 2015. As such, the Defendant threatened the victim with a deadly weapon (30cm in total length, 17cm in total length, 17cm in length) which was living at the Gandong-si 2015, and opened a door by making the victim knife with the victim knife with the knife of this knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act concerning the punishment of a deadly weapon;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Type 1 (Scope of Recommendation) for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act: Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodily Injury, Special Injury) for the mitigated area (one year and six months to two years) [the scope of Recommendation] for the crime No. 2 as a person not subject to punishment [the scope of Recommendation] for the crime subject to mitigation (4 to one year) for the mitigated area (4 to one year) for the crime.

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