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(영문) 춘천지방법원 2013.10.29 2013고단798
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 May 3, 2013, at the defendant's house located in Chuncheon-si, 515 Dong 1503, and 1503, the defendant, without any justifiable reason, told the victim D (the 51-year old age), who is the wife, of the family government, to "it is impossible to play a proper role of the government," and drinking the victim's head at a time. When the victim's face is several times with the hand floor, the victim's face can be taken over, and the victim's side gate, etc. can be walked with it, which is a deadly weapon in the main room, and the defendant continued to walk the victim with a kitchen knife (the total length of 30.5 cm) and walk the kitchen knife the victim's knife and take the part of the victim's knife, while threatening the above knife knife, the defendant 2 knife the victim with the above knif.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. The police seizure record and the list of seizure;

1. An investigation report (Attachment of a medical certificate for injury);

1. Complaint;

1. A written confirmation and record of counseling and admission to a school;

1. A medical certificate;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (referring to the following reasons for sentencing)

1. Imprisonment with prison labor for not less than one year and not more than 6 months but not more than 30 years;

2. Extent of the recommended sentence according to the sentencing guidelines (decision of types of punishment) [Determination of types of punishment] shall be limited to the range of the recommended sentence according to the sentencing guidelines: Habitual injury, repeated injury, special injury (special person in special form] habitually injured person, repeated crime injury, special injury (special person in special form] - mitigated factors (decision of the recommended area] mitigated areas (decision of the recommended area] and six months to two years and six months.

3. The fact that the defendant who made the decision on the sentence of punishment has reached this court, and all the time and reflects the crime, the defendant has no record of being punished, and the victim does not want the punishment by mutual consent with the victim.

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