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(영문) 수원지방법원 안산지원 2015.08.19 2015고단1210
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

On 19:40 on 26. 26. 204. 19:40, the Defendant found the victim's house of the victim C and C, 301, and found that the victim stolen his/her gold with his/her own gold, and took the victim's head with his/her head, "in the inside of his/her arms", and took the victim's head with his/her head, and her head is in excess (11 cm, 12 cm in the knife length, 12 cm in the knife length) which is a dangerous object, prepared and prepared in advance, and put the victim's face into the part of the victim's face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site and victim photographs;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs);

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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Where the mitigated area (one year and six months to two years), the mitigated area (special mitigation), the penalty not (including advanced efforts to recover damage), or considerable partial damage has been recovered, in the area of habitual injury, repeated injury, and special injury (Habitual injury, repeated crime injury, and special injury) (one year and six months to six months), or the damage has been recovered;

2. Normal circumstances favorable to the determination of sentence: The age, character and conduct, environment, circumstances after the crime, etc. of this case, and circumstances after the crime, etc. are committed, when it is against the rule of sentence: The first offender, when it is committed, and when it is disadvantageous to the victim.

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