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(영문) 의정부지방법원 2013.05.23 2013고단846
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 07:10 on March 30, 2013, when the defendant had a good appraisal to the victim C (the age of 45) who was living in the upper upper upper floor above that floor, on the ground that the noise occurred in the preceding day and did not cut down, the defendant cited two knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif k

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the prosecution against C;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of a medical certificate;

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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances required for sentencing):

1. Article 62 (1) of the Criminal Act (The repeated consideration of the circumstances specified in the preceding sentence);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The crime of this case on the ground of sentencing under Article 48(1)1 of the Confiscation Criminal Code is very poor since the crime of this case was committed by the victim who had a good appraisal due to noise between ordinary stories, and caused injury to the victim.

However, the defendant's mistake is divided in depth through confinement life, and the defendant's parents seek a preference against the defendant by compensating the victim of sufficient monetary compensation, and the defendant's father sold an apartment where the defendant had been living in the above apartment, and the defendant would not find the victim's side or threaten again while the defendant would have to be a director in the above apartment. It is more favorable circumstances, such as the defendant's age, character and behavior, motive and circumstance of the crime of this case, and crime.

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