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(영문) 춘천지방법원 2013.04.11 2013고단97
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 15:55 on December 16, 2012, the Defendant: (a) took a kitchen knife ( approximately 36 cm in total length, about 24 cm in a knife) which is a dangerous thing due to the flife in the flife in the vicinity of the victim, and she took care of the victim on the ground that the victim F (the 44 years of age was her shape, several years of age, yet her face has yet to go), and cut off the kitchen knife into the right side of the victim and cut off the kitchen knife with the suspension of the victim's left-hand hand and the replotting for about 8 weeks; and (b) after taking the kitchen knife from the right side of the victim, the Defendant took care of the gnife with the victim's knife in order to take the above kitchen knife from the knife to the right side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A general medical certificate;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

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;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly taken into consideration for the defendant during the period of suspended sentence);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for confiscation [decision of a sentence] violent crime, general bodily injury, Type 1 [Special Convicted Persons]: Crimes of carrying dangerous articles (aggravated factor): Aggravation of punishment (decision of the recommended area), aggravation of punishment [decision of the recommended area], two multiple crimes of imprisonment with prison labor for not less than six months and not more than two years (standard for processing multiple crimes], and criteria for suspension of execution of imprisonment for not less than six months and not more than three years (based on suspension of execution of imprisonment

1. Major reasons for entry: A dangerous act of carrying dangerous articles, the same previous department, and a person who is not subject to punishment;

2. Reasons for general reference: not less than twice; and

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