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(영문) 전주지방법원 2015.11.11 2015고단1192
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of 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 13:40 on July 27, 2015, the Defendant heard the victim D (Woo, 49) who has a relationship with the Defendant’s residence in the Geumcheon-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, 303 (hereinafter “Seoul Special Metropolitan City”) and “Woo who has a son’s wife and consciousness on the ground of without any person’s age.” The Defendant saw the horses that “I will come to come to the front and the consciousness of the Defendant on the ground of a person’s residence,” and called, “I will die, and will die, and will go to the fluor of the fluor, and will go to the fluor of the fluor,” which is a dangerous object, “Woo-gu, the fluor, the fluor of the victim’s head: 112cc., the 3cc., the fluor of the fluoral fluor, and the fluoral fluor, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Each investigation report and accompanying documents;

1. Each photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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. 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 suspended sentence [Scope of Recommendation] The reason for sentencing under Article 62(1) of the Criminal Act is as follows: (a) the type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Bodily Injury) (Act No. 9-2) (Special Mitigation) (Special Mitigation) where the victim is also responsible for the occurrence of a crime or the expansion of damage; (b) the case where the victim is punished (including serious efforts to recover damage) or considerable damage is recovered [Pronouncement Decision] 1 year and six months; (c) the suspended sentence two years: In light of the method of the crime of this case and the result of damage, the criminal liability of the defendant is groundless; (d) the fact that the defendant is against the victim; (e) the victim is also liable for the occurrence of the crime of this case; and (e) the victim has no previous conviction nor has any other favorable relation with the victim.

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