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(영문) 서울북부지방법원 2015.08.19 2015고단1607
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 3 years from the date of the conclusion of the judgment.

Reasons

Punishment of the crime

The defendant is between the victim C (the age of 26) and the annual life, and the victim D (the age of 25) is the son of C.

On February 6, 2015, at around 07:00, the Defendant misleads the victim C with a different woman from other women, and fighted with each other, the Defendant her body, which was a deadly weapon in his/her own home, and went to the victim C with a deadly weapon in his/her own home. The victim D and his/her body fighting who attempted to restrain it was over the victim D, and the victim’s right bridge knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

1. Where the mitigated area (including any advanced effort to recover damage), the mitigated area (one year and six months to six months), or considerable partial damage (including any advanced effort to reduce damage), the mitigated area (one year and six months to six months), the mitigated area (any habitual injury, repeated crime, and special injury) of Type 1 (a person who has a special mitigation), the mitigated area (including one year and six months to six months), or the mitigated area (a person who has a special mitigation), the mitigated area (a person who has a special mitigation), the mitigated area (a person who has a special mitigation) of Category 1 (a year and six months to six months), the mitigated area (a person who has a special mitigation), the mitigated area (a person who has a special mitigation), the mitigated area (including a person who has a serious effort to recover damage), or the damaged area is recovered from a considerable partial damage: the final sentencing scope based on the aggravated total of crimes:

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