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(영문) 수원지방법원 성남지원 2015.08.12 2015고단112
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 September 1, 2014, at around 20:0, the Defendant, while drinking together with the victim D(57 years of age) in the area of the victim D(D) of Sungnam-si, Sungnam-si, about 102, 201, the Defendant was unable to take the victim’s face with another female, and was able to take the victim’s face. The Defendant was able to take the victim’s face with the victim’s knife and the knife, which are dangerous things in the defective kitchen in which the victim intends to continue to take out, followed the Defendant’s head to knife and knife the victim’s face, and knife the victim’s face and knife the part with the victim’s face.

As a result, the defendant tried to examine the victim's face and part of the victim's face with which the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Paper, knife and photograph;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Where the range of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] is the category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury and Bodi Bodily Injury), the area of special mitigation ( September to February 6), the area of minor bodily injury (including serious efforts to recover damage) or considerable damage is recovered;

3. Determination of sentence: A sentence shall be determined as ordered in full view of all the conditions for sentencing specified in the pleadings of this case, including the fact that the victim in a de facto marital relationship for one year and six months with imprisonment or two years with prison labor commits any contingent crime in order to prevent the victim from spreading another woman, and the circumstance and motive thereof may be considered, and the extent of damage is minor and the victim agrees with the victim;

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