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(영문) 인천지방법원 2014.10.31 2014고단6458
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

The defendant is a space between the victim C(48 years of age) and the victim D(49 years of age).

On August 14, 2014, the Defendant listened to the horses that “C has permitted D to drink A,” and made it possible to confirm whether it is true.

On August 15, 2014, at around 00:05, the Defendant had conversations with the victim D, who was found in the Defendant’s house located in the Defendant’s house located in Nam-gu Incheon E-gu, Incheon, 112 Dong 302, and had a knife with the Defendant’s house, and had a knife of the victim D, which was a deadly weapon in the kitchen chill (the total length: 28cc., knife length: 15cc.) and had a knife of the victim D two times, with a knife of 7 to 10cc in length, and continued to have a knife of the victim C’s left shoulder at one time, with a fnife of 4 to 6cc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Records of seizure and the list of seizure;

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

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

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. The range of the sentencing guidelines set forth in the category I [the range of recommendations] in the area to be mitigated (one year to six months), the area to be mitigated (including a person who has been specially mitigated), the area to be mitigated (one year to two years), the area to be mitigated (including a serious effort to recover damage), the area to be mitigated (one year and six months to two years), or the area to be mitigated (one year to six months), the area to be mitigated (one year and six months to two years), the area to be mitigated (including a special mitigation), the area to be mitigated), the area to be mitigated (one year and six months to six months), the area to be mitigated (including a serious effort to recover damage), the area to be mitigated (including a special mitigation), or the area to be mitigated) the area to be mitigated (one year and six years to six months), the area to be mitigated (including a serious effort to recover damage): one year and one year.

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