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(영문) 부산지방법원 2014.09.26 2014고합223
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:00 on March 23, 2013, the Defendant: (a) reported that the Defendant’s cell phone number of the son’s former male-child cell phone number was transmitted from the Defendant’s house located in Geum-gu, Busan, to the cell phone of the victim D (the 26-year-old age), living together; and (b) took the victim’s body from a hand to a hand, and walked with the victim’s body at a hand, and walked with the victim’s body, and walked with it, the Defendant’s knife (the length of 18C, the total length of 30C) which is a dangerous object located in the scambling stand; and (c) threatened the victim and the victim “be dead” by carrying dangerous objects and threatening the victim to “be dead.” (d) The Defendant closed down the frame of a single scke other than the first embble embble during about 4 weeks of treatment for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D, E, and F;

1. A written diagnosis of injury;

1. Each investigation report (Evidence Nos. 13,18), and internal investigation report (Evidence List No. 6) [the defendant and his/her defense counsel denied that the defendant and his/her defense counsel had a fact that they had been 2-3 times or more of the victim's knife, but there is no fact that they had knife or inflicted bodily injury. However, according to the witness E and F's consistent statements, the circumstances leading up to the victim's report, the contents and consistency of the statement, etc., it is sufficiently recognized that the defendant used kn

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Determination of the range of recommendations - violent crimes, repeated injury, special injury by repeated repeated crimes, special injury by repeated injury (a special injury by repeated injury), Type I (a special injury by repeated injury), mitigation element - mitigation element: the range of recommendations that there are no criminal records - mitigation element: one year;

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