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(영문) 수원지방법원 평택지원 2015.11.20 2015고단1459
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 20, 2015, at around 05:30, the Defendant, at the front of the D cafeteria located in Pyeongtaek-si, had a dispute with the victim E (31 years of age) and parking problems, had a kitchen, which is an object dangerous to enter the said cafeteria, with a kitchen knife (20.5m in total length, 33cm in length, 20.5m in length). On the part of the victim E, the Defendant knife the above kitchen knife in order to put the knife the knife and knife the part of the knife in order to cut the knife F (32 years of age) of the victim E, and knife the part of the knife of the knife with the kitchen for about 14 days to the victim F.

Accordingly, the Defendant, carrying dangerous things, assaulted the victim E and inflicted an injury on the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. E statements;

1. Records of seizure and list of seizure of the police;

1. A written diagnosis of injury;

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

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of a deadly weapon), Articles 281 and 260 (1) of the Criminal Act (the occupation of special assault and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Type 1 (Scope of Recommendation) applicable to the sentencing guidelines is the mitigated area (one year and six months to two months), the mitigated area (including a person who has been specially mitigated), the punishment is not assigned (including a serious effort to recover damage), or a considerable partial damage is recovered, the mitigated area (the range of recommending punishment) of Type 6 (Habitual, Habitual, Habitual, and Special Violence).

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