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(영문) 부산지방법원 2014.07.25 2014고단5140
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From June 2013, the Defendant had an internal relationship with the victim C (the age of 52) from around April 2013, and had the victim met with another male from around April 2014, and had the Defendant and the defecter hedging the victim feel hot so that the victim could not terminate the internal relationship without permission.

On June 8, 2014, while under the influence of alcohol at around 22:45, the Defendant was trying to put the victim into the right part part part part part part part part part of the Defendant’s house, which was a deadly weapon (17cc in blade, 27cc in total length) while being under the influence of alcohol at the Defendant’s house, and the victim’s operation located in Geum-gu, Busan, the Defendant tried to speak that the victim would come up or come up with the above excessive power and continue to maintain an internal relationship by getting out of the victim’s house and going up with the victim’s fright, but the victim would have come up with the Defendant “hicking from the place of business to the end part of the business,” and the victim was frighted to the end part part of the fright part of the victim at one time, and frightd part of the fright, which requires approximately 6 weeks’ medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. A report on internal investigation (a document attached to a knife photograph and a letter of opinion for knife fishing);

1. Application of Acts and subordinate statutes to investigation reports (medical certificates, etc.);

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. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] violence, and the area of mitigation (one year and six months from June to two years and six months from imprisonment) [Special Sentencing] mitigation area (one year and six months from imprisonment] [the decision of sentence] mitigation area, and the defendant's attitude to mislead and reflect the defendant, and the victim wishes to punish the defendant by agreement with the victim.

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