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(영문) 전주지방법원 군산지원 2015.08.28 2015고단587
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant thought that the victim had a locked with other males, and thought that he had a locked between the victim C (mast, 30 years of age and 5 years of age) and that he had a ties with other males.

At around 09:20 on April 28, 2015, the Defendant expressed the victim’s desire at the residence of the Defendant, Da apartment 104, 803, Dongsan-si, Sinsan-si, and the Defendant stated the death of the Defendant as follows: (a) a fishing knife (the total length of 28cm, the knife length of 15cm), which is a dangerous object on the table, was sealed by the victim; (b) a knife (the k

Then, the defendant put the knife into the knife and knife the knife end, put the knife into the knife, knife the left side of the victim's left side, knife the left knife, and knife the face and knife of the victim's knife with the drinking and hand floor.

Accordingly, the defendant carried a knife, which is a dangerous thing, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement concerning the police statement (the first time), and C’s statement concerning the accused in the police interrogation protocol;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence shall be determined as the same as the order, taking into consideration the following: (a) the scope of mitigation (Habitual, Cumulative, and Special Violence) (4 to 12 months) (special mitigation), the area of mitigation (including a serious effort to recover damage) or considerable damage (the decision of a sentence] of mitigation of punishment (including a serious effort to recover damage) or considerable damage (the decision of a sentence is recognized and reflects both of the crimes; (b) the victim and the victim agree smoothly with the victim that they do not want to be punished; and (c) the defendant does not want to have any criminal records other than those sentenced once to a fine for the

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