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(영문) 의정부지방법원 고양지원 2014.05.08 2014고단588
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant was aware that he was living in the Dongdong, such as the Victim C (Nam, 56 years of age), and was living in the Dong Dongdong, and was involved in the accident that was booming for the victim on March 2014, but did not receive appropriate compensation, such as medical expenses.

At around 22:30 on March 25, 2014, the Defendant: (a) knife a part of the victim, such as a knife, etc., in the victim’s residence in Goyang-gu, Goyang-gu; (b) knife a knife (No. 1, total length of 28cc, 16cc in length) prepared in advance; and (c) knife a knife a knife (No. 2) knife a knife a knife of the victim, following the escape of the victim.

As a result, the Defendant carried dangerous objects and carried them for about two weeks to “a open wound, etc. of the chest back wall” which requires treatment.

Summary of Evidence

1. Statement by the defendant in court;

2. The police statement concerning C;

3. Police seizure records;

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

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, Article 257 (1) of the Criminal Act;

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

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

4. Social service order under Article 62-2 of the Criminal Act;

5. Reasons for sentencing under Article 48(1)1 of the Criminal Act, the means and methods of the instant crime, etc. are factors unfavorable to the Defendant.

On the other hand, the fact that the defendant recognized the facts charged in the instant case and sought the wife, that the degree of injury suffered by the victim is not much severe, that the victim does not want the punishment by mutual consent with the victim, and that there is no record of criminal punishment so far, etc. are factors of sentencing favorable to the defendant.

Furthermore, the circumstances revealed in the arguments, such as the Defendant’s age, character and conduct, and environment, were taken into consideration, and the sentencing guidelines formulated by the Sentencing Commission also refer to the “crime crime sentencing guidelines”

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