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(영문) 서울남부지방법원 2014.06.25 2014고단1555
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

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

On April 24, 2014, at around 20:0, the Defendant used the knife (18cc in length) knife, which is a deadly weapon in the main room of Gangseo-gu Seoul Metropolitan Government, as one hand on the ground that the victim did not have repaid 6 million won borrowed from the victim D (33 years of age) at the house of the victim D (the knife) located in the main room of Gangseo-gu Seoul Metropolitan Government, and used the knife as “this knife, knife, knife,” and used the victim’s head on two occasions by other hand.

Summary of Evidence

1. Defendant's legal statement;

1. A summary of the statement on recording and video recording of the accused;

1. Statement of D police statement;

1. Records of seizure and the list of seizure;

1. Application of statutes on site 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The grounds for sentencing under Article 62-2 of the Social Service Order Act / In the case where the mitigation area (4-1-2 months), mitigation area (4-1-2 months), punishment not (including serious efforts to recover from damage), or considerable partial damage was restored (the decision of sentence], despite the criminal records similar to the defendant, the act of committing the instant crime is disadvantageous to the defendant.

The fact that the victim does not want the punishment of the defendant by agreement with the defendant, and that the defendant recognizes the fact of crime and repents the wrong facts in depth is a favorable condition.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the background, means and methods of the instant crime, the circumstances after the instant crime, the Defendant’s environment, etc., shall be determined as ordered by taking into account the various circumstances revealed in the records and pleadings.

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