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(영문) 서울서부지방법원 2015.10.07 2015고단1990
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of 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

On August 3, 2015, at around 08:20 on August 3, 2015, the Defendant laid off a dangerous object (20cm in total length, 11cm in length) on the part of the victim, who was the husband of the Defendant, and the victim, while on the part of the husband and wife fighting, carried out his own mobile phone in order to confirm the content of Kakakao Stockholm. On the other hand, the Defendant laid down a knife of the victim’s left top top of the knife in one time, and laid down a knife of 1.5 cm on the left top of the treatment days to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Statement of opinion;

1. Application of the records of seizure, the list of seized articles, and Acts and subordinate statutes;

1. Articles 3 (1) and 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 consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act of confiscation [Scope of Recommendation] : Classification 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi) (1 year and June 2) (including a serious effort to recover damage) or considerable damage restoration area (Pronouncement decision]; however, although the case is minor, the criminal facts of this case are recognized and against the defendant; the defendant has no record of criminal punishment; the victim is not subject to criminal punishment; the victim's age, character and conduct, environment, family relationship, motive, means and result of the crime; and the circumstances after the crime, etc., the sentence shall be determined as ordered in accordance with the order, taking into account various sentencing conditions as

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