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(영문) 서울서부지방법원 2014.07.03 2013고단3321
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 10:00 on November 26, 2013, the Defendant found the victim C (nive, 41 years of age) of Eunpyeong-gu Seoul Building No. 402, and performed meals, and caused the victim to go through a defect of the patriri, “I am hyp??” and the Defendant gets hyp by hand the victim’s hyp, knife the victim’s arms by hand, and kyp the victim’s arms by hand.

The knife, which was a deadly weapon in the kitchen, brought a knife, milling the head of the victim by following the knife, and knife the knife of the victim, and the victim said that the victim “nife the knife knife is prepared.”

Accordingly, the Defendant, while carrying a deadly weapon, assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to photographs of victims;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the circumstances, etc. considered in the following sentencing);

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] The sentencing guidelines for the defendant who is not subject to the victim's punishment (a person subject to special mitigation] is as seen earlier, the sentencing guidelines for the defendant is as follows: the defendant's criminal records, the defendant's criminal records, the defendant's criminal records, and the fact that he/she seems to have committed the crime of this case in a contingent and contingent manner; and the fact that he/she has agreed with the victim, etc., shall be determined by taking into account the various circumstances that are the conditions for the sentencing of this case.

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