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(영문) 서울중앙지방법원 2013.12.19 2013고단7113
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 of the final judgment.

Reasons

Punishment of the crime

At around 20:00 on September 24, 2013, the Defendant: (a) threatened the victim with a food blade (30cm in total length, 18cm in knife, 18cm in knife, No. 1) which is a dangerous object on the singke, and (b) threatened the victim with the victim with the victim’s left arms that require two weeks of treatment, and (c) caused the victim to open the above arms on the left side requiring two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Statement of police seizure;

1. Each photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 48(1) of the Criminal Act of the Confiscation (the decision of the type) is a habitual injury, repeated injury, special injury (special person in special form) habitually injured, repeated crime, injury resulting from special injury (special person in special form) - [the decision of the recommending area] mitigation area / [the decision of the recommending area] from June to June 2 of the mitigation area / [the sentence range] from 1 year and six months of imprisonment - 1 year and six months of the suspension of execution - 2 years of the suspension of execution - the defendant has been sentenced to several times of punishment for the same crime before the same crime, but there has been no history of punishment within the last ten years, damage does not exceed the degree of damage, and the victim is not subject to the punishment for the defendant under an agreement with the victim, taking into account the circumstances leading to the crime of this case, the defendant's age, character and behavior, environment, circumstances after the crime, etc., and the sentencing conditions stipulated in Article 51 of the Criminal

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