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(영문) 서울중앙지방법원 2014.12.12 2014고단6541
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

The defendant is a person who has no certain occupation and resides in C's village.

On August 15, 2014, around 10:30 on August 10, 2014, the Defendant: (a) sought, drink, and frightencing the victim D (ma, 65 years of age) residing in the room No. 19 in the Jung-gu Seoul Central District Office; (b) had a kitchen knife in one’s room on the ground that the victim’s knife conflicts with the said victim, and had the said victim knife, knife, knife, and knife the knife with the said victim; (c) had the victim knife the body of the said victim with the kitchen knife and knife the body of the said victim; and (d) had the victim kn

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. Each police statement of E and D;

1. Application of the Acts and subordinate statutes on photographed parts of DNA injury;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury on a dangerous object);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act is to be taken into account: (a) category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodily Injury) (1 year and 2 months); (b) the mitigation area (1 year and 16-2 months); (c) a person who is not subject to punishment (including a person subject to special mitigation), or a case where considerable damage has been restored (a decision of sentence] the defendant is against himself; (d) the degree of damage in this case

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