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(영문) 서울중앙지방법원 2015.05.28 2015고단1581
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 March 2, 2015, at around 16:20, the Defendant intended to purchase tobacco at the convenience store of the first floor of the Gangnam-gu Seoul Metropolitan Government building C, but the victim demanded an identification card and refused to sell tobacco, took a bath, and took a knife a knife a knife (10cm in length, 10cm in length) of the victim inside the knife, and subsequently, knife a knife a knife (10cm in length, knife in length) of the victim’s knife in order to prevent the defect that the victim tried to report to the police with the cell phone, then knife the mobile phone knife the knife that

As a result, the Defendant carried a knife, which is a dangerous thing, carried the victim with a knife and tension for about 21 days, and damaged the victim's mobile phone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on the screen after a CCTV closure;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act concerning the punishment of a deadly weapon;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 62-2 of the Criminal Act of the community service order;

1. Scope of sentencing according to the sentencing criteria;

(a) Class I crime (Offense in Violation of the Punishment of Violences, etc. Act (Offense of Bodily Injury by Group, Deadly Injury, etc.) (Scope of Recommendation] (Scope of Habitual Injury, Habitual Injury, Bodily Injury, and Special Bodily Injury) (Article 1) subject to special mitigation (Article 9 to 2 months), minor injury and non-compliance with punishment (decision on a sentence of sentence) ;

(b) A second-class crime (a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) and a crime for which the sentencing criteria are not set;

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