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(영문) 의정부지방법원 고양지원 2016.03.18 2015고단2445
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant and the victim C(n, 25 years of age) are related to a person living together.

On August 25, 2015, the Defendant: (a) committed an assault against the victim by using a kitchen, which is a deadly weapon (18cm in length, 30cm in total length) where the victim was living in the dwelling area of the Defendant (1235) of Ilsan-dong building D, U.S., Sinsan-dong, Seoul, with a view to 07:40 on August 25, 2015; (b) the victim was boomed with the victim; and (c) the victim was sleeped with the victim, and continued to be sleeped with the victim, as the victim was sleeped.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the scene of the case and the photographic damaged by assault;

1. Grounds for sentencing under Article 261 of the Criminal Act and Articles 260 (1) of the Criminal Act (opportune of imprisonment) concerning the relevant criminal facts;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria;

(a) Determination of types: Violence crimes, assault crimes, and six types (special assault);

(b) Special sentencing factors: mitigation factors - Ineligible for punishment

(c) Scope of recommending punishment: Reduction area, April to February; and

3. Determination of sentence: A person who has committed violence carrying a knife (unfavorable circumstances) against six months of imprisonment with prison labor; a person who has committed an offense against the same victim; and a majority of the same criminal records;

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