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(영문) 인천지방법원 2014.08.28 2014고단4562
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)
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

Punishment of the crime

At around 07:50 on June 27, 2014, the Defendant: (a) at the residence of the Nam-gu Incheon Metropolitan City C Apartment 1, 1002, the Defendant: (b) held the victim’s left part of the victim’s knife with the knife-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-knick-kick-kick-kick-kick-kick

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to take photographs of the damaged part of the victim and the blades used by the suspect;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Two years or four years from imprisonment with prison labor for a basic area [the range of recommending area] of the recommended sentence according to the sentencing guidelines for violence (the determination of types]: habitual injury, repeated injury, special injury, repeated crime (special mitigation/person under special mitigation] / victim who continues to exist (the decision of recommending area];

2. In the instant case, the instant crime is deemed to have caused bodily injury to the mother, who is a deadly weapon, and there is no need to impose severe punishment on the mother.

However, it is so decided as per Disposition by taking into account the following circumstances: the victim does not want the punishment of the defendant by attending this Court directly, and the defendant is in physical disability fourth; the victim and his family members immediately after the crime in this case were committed, are hospitalized in the hospital and being treated by the defendant; and other various circumstances, such as the defendant's age, character and behavior, environment, circumstances after the crime, etc., and the conditions of sentencing as

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