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(영문) 서울서부지방법원 2013.07.10 2013고단653
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on July 31, 2012, the Defendant sought his house at the Defendant’s residence located in Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government 1st, followed the transition (a total length of approximately 15:20cm) which is a deadly deadly weapon for the reason that D (the age of 46 at that time) goes in the same workplace as that of the Defendant’s wife and drinks together with drinking, etc., and put the victim a sniff with the Defendant’s right-hand snife in the treatment days.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. The police statement concerning F;

1. Application of photographs of victims and the Acts and subordinate statutes for reporting investigations;

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. 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 Criminal Act on probation and community service order is very serious in light of the criminal history, means, degree of damage, etc. of the defendant, such as inflicting an injury on the victim with excessive roads, but the defendant appears to have committed contingent crimes under the influence of the defendant. The defendant's initial agreement between the victim and the victim and the victim wanting to find the defendant's wife against the defendant, the defendant's age, career, family environment, degree of reflect, etc. are considered.

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