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(영문) 서울남부지방법원 2015.11.25 2015고단3936
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

On August 24, 2015, at around 21:00, the Defendant, at the Defendant’s office plan located in Yeongdeungpo-gu Seoul Metropolitan Government, demanded the victims to return home only to the victims, even though the victims D, victims E, and drinking who were found in the state of drinking, were not heard by the victims, and especially the victims D continued to make the Defendant feel the Defendant’s flag.

Accordingly, the Defendant: (a) took a knife, which is a deadly weapon (the knife length of 24.5 cm, the total length of 36.5 cm) out of the room, and threatened the Defendant with the knife of the inside part of the victim and the victim D one time, with the knife the knife of the victim D and the knife the knife."

Since then, the defendant, while fighting with the victims who want to stop their body, had the above knife the knife, had the victim's knife knife knife knife and knife knife knife knife knife knife knife

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. E statements;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to photographic materials (the scene of the crime, deadly weapons, the victim's wife, etc.);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Sentencing criteria;

(a) Category I (Crime of Special Bodi Injury to Victims D) / [Extent of Recommendation] : Type I (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodily Injury, Special Bodi Bodi Bodily Injury) / Special Mitigation (Act No. 9-2 and 6 months) / Minor Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Contributor (including Serious efforts to recover damage) or

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