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(영문) 서울북부지방법원 2013.05.02 2012고단1908
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 28, 2012, the Defendant: (a) had been urged to repay the borrowed money from the victim D(52 years of age) to the Seoul Northern-gu Seoul Northern-gu C106; and (b) had the victim’s knife with knife due to the excessive amount of dangerous objects (2.5 cm in total length; 22.5 cm; dnife 1).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of D’s copies of medical records);

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. 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;

1. Application of the sentencing criteria [Determination of types] Habitual injury, repeated injury, special injury, habitual injury, repeated crime injury (special person) and special injury (special injury): Reduction factors of punishment: Reduction area [Determination of the recommended area] mitigated area (decision of the recommended area] mitigated area] 1 year and six months to two years and six months; and

2. Although the punishment of this case, where the defendant who was sentenced to punishment of this case inflicts bodily injury on the victim using a knife, the punishment of this case shall be determined as ordered in consideration of the following facts: although the punishment of this case is not minor, the defendant leads to confession and depth against the defendant, and contingent crimes do not seem to be planned, and the victim does not want the punishment of the defendant

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