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(영문) 부산지방법원 2015.09.10 2015고단4114
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 June 6, 2015, the defendant heard that the victim C (n, 42 years of age) who was a wife from the workplace rent had been walking with another male for a late time, and asked the victim's external rating on June 7, 2015, the defendant got the victim to a child park located in the Seocho-gu Busan Metropolitan City, Busan, and brought the victim into the same place with the victim.

On June 8, 2015, at around 01:30 on June 8, 2015, the Defendant continued to hold the victim in his house located in Busan District, Busan District, to have his relation with the male, and brought about a dispute with the victim, the Defendant took the food blade (33 cm in total length, 22 cm in total length) which is a dangerous object on the kitchen cambling, and put the victim into a bad hand.

Around that time, the Defendant fighting the body of the victim by cutting the knife knife knife with his knife and cutting the knife with his knife, and had the knife knife part of the knife part of the knife that requires approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each prosecutor's statement concerning E and C;

1. A written statement;

1. A certified copy of medical records; and

1. Police seizure records;

1. A medical certificate and a written result of autopsy;

1. Application of statutes on site photographs;

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. The reason for the sentencing of Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury: category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), the mitigation area (one year and six months to two years) (including special mitigation), the punishment not (including serious efforts to recover damage), or the recovery of considerable damage (the decision of the sentence) is not a criminal record related to violence since 200.

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