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(영문) 광주지방법원 목포지원 2016.05.12 2014고단142
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 10, 2012, the Defendant found KRW 50,00 in cash at the residence of 00:10 Sinpo City C2, under the right to walk, and the victim D (45 tax) who is de facto de facto marital relationship did not pay the money of the Defendant, and the Defendant expressed the victim’s desire to do so.

The Defendant brought an injury to the victim on the right side of the kitchen knife (35cm in total length, 20cm in length on the day) which is a dangerous object in the watering of the victim, and caused the injury to the victim by carrying a 15 fraud, which is a dangerous object in the watering of the watering of the victim, and continuously faced the victim with a dangerous object, according to the left side of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of photographic Acts and subordinate statutes, such as protocol of police statement to D and damaged parts, etc.;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the following grounds for sentencing) of the mitigated amount;

1. The execution of a sentence shall be suspended in consideration of the circumstances, such as: (a) the Defendant’s erroneous reasoning for sentencing under Article 62(1) of the Criminal Act reflects the Defendant’s wrongness; (b) the degree of injury is relatively weak; (c) an agreement is made with the victim; (d) an contingent crime is committed in the course of dispute with the victim; and (e) there is no particular criminal history

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