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(영문) 서울동부지방법원 2015.01.23 2014고단2586
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

Criminal facts

On August 2, 2014, at around 03:30 on August 2, 2014, the Defendant: (a) threatened the victim with a food knife ( approximately 30cm in total length, approximately 20cm in knife length), which is a deadly weapon, on the ground that the victim D (the knife, 52 years of age) who was her wife at the house of the Defendant located in Gwangjin-gu, Seoul Special Metropolitan City, was flife and returned late back; (b) and (c) threatened the victim with a knife, which is a deadly weapon, with a knife, knife.

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

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

1. The fact that the reason for sentencing under Article 48(1) of the Criminal Act is heavy in light of the form of the crime of this case and the risk of the means of the crime of this case, and that the defendant has been punished three times due to the same crime is disadvantageous to the defendant.

On the other hand, the fact that the defendant is recognized as committing the crime of this case and is against nature, it appears that the crime of this case is committed contingent, and that the victim seeks the defendant's preference, there is no history of criminal punishment more than suspended execution, and that the defendant suffers from Pakistan's disease is favorable to the defendant.

In this context, all the sentencing conditions, including the degree of the instant injury, age, character and conduct, family relation, etc., shall be comprehensively taken into account the recommended sentencing guidelines of the Supreme Court Sentencing Committee (the mitigation area of habitual injury, repeated crime injury, special injury, and special injury) according to the sentencing guidelines of the Supreme Court Sentencing Committee, and the sentence shall be determined as per the order.

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