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(영문) 서울서부지방법원 2013.05.16 2013고단674
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:30 on March 25, 2013, the Defendant: (a) brought the knife (the total length of 23 cm, the 13 cm) which is a dangerous object located in the kitchen, and brought the knife (the knife length of 13 cm), brought the knife (the knife and the knife length of 13 cm) which is a dangerous object in the kitchen, and brought the knife in the kitchen, and brought the knife (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif k).

As a result, the Defendant, with dangerous things, committed a self-defensive injury such as the upper part of the right hand, the upper part of the right hand, and the upper part of the water.

Summary of Evidence

1. Defendant's legal statement;

1. Injury photographs;

1. Statement of the police statement of E;

1. Police seizure records;

1. Before ruling: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Discretionary mitigation (the following grounds for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (the grounds for sentencing as follows)

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [the decision of types] violence (the scope of recommending punishment] [the scope of recommending punishment] from January to June 2 to June (the decision of not to punish punishment] The sentencing guidelines for the defendant are as above.

The criminal defendant is divided into crimes in his judgment, and the victim does not have much degree of damage and expresses his/her intention not to punish him/her, and the punishment shall be determined as ordered in consideration of all the circumstances such as the defendant's age, character and conduct, environment, and circumstances after the crime.

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