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(영문) 춘천지방법원 2013.12.12 2013고단800
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 June 1, 2013, at around 00:10, the Defendant prepared in advance the victim D (here, 47 years of age) who was living in front of the C restaurant located in Chuncheon City B, for the reason that he drinks with the above restaurant president and drinking, and displayed the kitchen knife (15 centimeters in the blade length) which is a deadly weapon, and died with the victim. As a result, the Defendant got off the victim’s buckbucks and walked the victim’s face by hand, the Defendant opened the body of the body part and the chest wall, which requires two weeks for the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E (D before the opening of the name);

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for forfeiture [decision of types of punishment] violent crimes, general bodily injury, Type 1 [Special Convicted Persons]: A crime by carrying a deadly weapon or other dangerous articles with a weapon or other dangerous articles, and the basic area of punishment not to be imposed [decision of the recommended area], the basic area of imprisonment with prison labor for not less than four months and not more than one year and not more than six months [Standards for

1. Major reasons for entry: A crime by carrying a deadly weapon or other dangerous articles with him/her, and a person not subject to punishment;

2. Reasons for general participation: The nature of the crime is not good in light of the serious reflectivity, the risk of suspension of execution or more (affirmative). However, the defendant reflects the crime of this case, there is no record of criminal punishment heavier than that of the same kind of crime, and there is no record of criminal punishment heavier than that of the suspension of execution, the victim does not want the punishment against the defendant by mutual consent with the victim, and the age, character, conduct and environment of the defendant are other.

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