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(영문) 서울중앙지방법원 2014.12.02 2014고단8447

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 October 16, 2014, the Defendant: (a) around 16:40 on December 16, 2014, in the Gangnam-gu Seoul Gangnam-gu C Apartment Park Guard room, and (b) on the ground that the victim D (the age of 50) and the disaster prevention room were faced with a sloping bridge ( approximately 90cm in length, about 3km in weight) which was dangerous to the victim on the ground that the victim was faced with the sridge on the floor of the disaster prevention room; and (c) on the other hand, the Defendant sustained the victim on the sloping bridge ( approximately 90cm in length, about 3 km in weight) whose 2

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Statement of D;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] 1 year and June 6 to June 2 ( considered as "minor injury" as a special mitigation ) / The decision of the sentence / the decision of the sentence / the punishment / the attitude of the act is not less and less than that of the victim, but minor injury was committed to the victim, and the defendant's age, character and behavior, environment, etc. are considered.