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(영문) 전주지방법원 2013.07.18 2013고단1266
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 23:12 on March 2, 2013, the Defendant: (a) stated that the victim D (50) who was living at his house in Yansan-gu Seoul Special Metropolitan City, was bad in his house due to continuously cutting down the gate heat; (b) stated that the victim was the victim by putting five meals and excessive in his house in the ward; and (c) stated the victim with one food knife; and (d) stated the knife as the knife and knife the knife as the knife; and (d) stated the knife as the knife and the knife as the knife of the victim’s knife, six times the knife part of the back part of the victim’s house; and (d) deducted the victim from the knife, the knife, which is a dangerous object knife of the victim’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to report on investigation (referring to the submission of a medical certificate of a victim, photographs of damaged parts, 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. 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 reason for sentencing") was that the defendant had a knife at the end of the period of punishment and sustained injury to the victim. However, although the nature of the crime and the circumstance of the crime are not weak, the defendant is led to confession and reflect on the crime, the defendant has no record of punishment since 2000, and there is no record of punishment since 200, the defendant's age, character and behavior, family relation, home environment, motive and means of the crime, etc. shall be determined by taking into account the sentencing conditions indicated in the records of this case, such as the following circumstances.

(b) for more than one year.

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