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(영문) 부산지방법원 2014.09.24 2014고단6710
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 29, 2014, at around 17:15, the Defendant was under the influence of alcohol at the Defendant’s house located in the Busan Seo-gu, Busan, about 17:15, and was demanded by the victim D (74 years of age) who is the head of the house to use the television early, the Defendant saw the kitchen knife (15cm in length, 29cm in total length) which is a deadly weapon that he was holding, and put the victim into the front corridor and the victim to prevent it for about 10 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution concerning D;

1. Statement of opinion;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Articles 3(1) and 2(1)3 of the Act on the Punishment of Violences, etc. of Specific Acts concerning the Punishment of Criminal Crimes, and Article 257(1)1 of the Criminal Act; Articles 53 and 55(1)3 of the Criminal Act concerning discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Where the mitigation area (1 year and six months to two years), mitigation area (1 year and six months to six months), penalty exemption (including advanced efforts for recovery of damage), or considerable damage has been restored to the sentencing criteria [Scope of recommendation] for habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, and special injury) for habitual injury;

2. Determination of sentence was made by the defendant, not much severe than the degree of damage, and agreed with the victim, but the defendant was punished as a suspended sentence of imprisonment for the last ten years, and there were many criminal records of violence, including the fact that the defendant was punished for

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