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(영문) 서울중앙지방법원 2016.06.29 2012고단2348
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 16, 2012, the Defendant, at the Defendant’s house, 20:30 Seoul Dongjak-gu, Seoul, Da 102, Da 102, performed the alcohol, first of all, and then exercised violence, following the drinking, and then, took a kitchen, which is a deadly weapon, at the house room, the Defendant 3 faces the face of the victim, such as the part of the victim, by cutting the kitchen knife, which was being used by the victim’s hand, and then cutting off the kitchen knife from 6 centimeters to 10 centimeters.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of suspect interrogation of each police officer regarding E;

1. Seized articles and on-site photographs;

1. Application of the Acts and subordinate statutes to photographs taken by each suspect for damage to each suspect;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the following circumstances and degree of injury, Defendant’s age, sexual conduct, environment, motive and consequence of the commission of the crime, and the circumstances after the commission of the crime, shall be imposed in full view of the sentence as ordered.

D. Unfavorable circumstances: The crime of this case in which the kitchen knife, which is a deadly weapon, injures the victim's face is very dangerous and is not good to commit the crime of this case.

The favorable circumstances: the defendant does not have any domestic criminal records.

There are some circumstances that can be taken into account the circumstances of the crime, such as assaulting the defendant and threatening the kitchen with the defendant.

In agreement with the victim, the injured party does not want the punishment of the defendant.

The defendant has a wife and child responsible for supporting him.

The defendant reflects his fault.

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