(영문) 수원지방법원 2015.03.18 2014고단6849

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(영문) 수원지방법원 2015.03.18 2014고단6849

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on November 27, 2014, the Defendant collected the Defendant’s house located in Suwon-si Suwon-si, Suwon-si, from which the victim D (the age of 60) agreed to receive KRW 100,000,00, and agreed that the victim D (the age of 60) would not give money to the Plaintiff.” The Defendant collected the Defendant’s knife (the blade length of 20cm, the total length of 33cm) that is a dangerous object at the home in which the knife and knife knife knife knife knife knife knife knife knife knife knife knife kn

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of the recommended sentences for the sentencing guidelines [decision of types] the group of violent crimes-special injury [the scope of the recommended sentencing] mitigation area (one year and six months to two months), the area of mitigation (one year and six months to six months): A person not subject to the punishment;

3. The decision of sentence shall be made in the same manner as the order, in consideration of the fact that the accused is divided by mistake, that the victim does not want the punishment of the accused, that the criminal records of the accused are not taken into account; and

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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