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(영문) 전주지방법원 남원지원 2015.02.10 2014고단298
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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A defendant shall be punished by imprisonment for not less than eight 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 November 30, 2014, when the Defendant had a telephone conversation with the victim C, who was known to the general public around 21:00 on November 30, 2014, the Defendant: (a) heard the victim’s phrase “A ....... Madro . Madro . D. . Madro . . Madro . . . . Madro . . . . . . . . . . 16 cm in total length, 6.5 cm in length, 6.5 cm in length), carried with the victim’s knife-kin knife (13.5 cm in length, 13.5 cm in length) and carried with the victim’s knife knife, she then killed the victim as the victim’s knife knife in the left hand.”

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on police seizure records;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (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. Scope of recommendation [decision of types] according to the sentencing guidelines, violent crimes, assault crimes, and mitigation elements of types 6 (Specially Sentencing Persons): In the area of mitigation of punishment [Scope of recommendation punishment]: April through February of imprisonment;

2. The crime of this case, which was determined to be sentenced, is a threat of a victim by using a knife, which is a dangerous object, and the nature of the crime is inferior. However, the defendant's mistake is contrary to his or her recognition of mistake, the defendant has agreed with the victim, and the defendant's age, character and conduct, and environment are determined as ordered by taking into account the various sentencing conditions

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