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(영문) 서울서부지방법원 2016.02.17 2015고단2849

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around October 2015, the Defendant suffered special injury: (a) around 20:50, on the ground that the sales performance of the Victim E (26 taxes) in the D 1st floor in Eunpyeong-gu Seoul Metropolitan Government, was low; (b) the Defendant operated a dangerous glue glus on the right hand hand hand hand hand of the victim who caused the damage, thereby falling off the victim’s glus of heavy glus, thereby making the victim take pictures up at approximately 2,3, and 4 fingers on the right hand, for which approximately 2 weeks of treatment is required.

2. On August 27, 2015, the Defendant, at around 20:40 on August 27, 2015, deducted the knife knife, which is a dangerous object, from the victim’s sales performance on the grounds that the victim’s sales performance on the D 1st floor as indicated in paragraph (1) was low, and knife the victim’s knife knife knife knife knife knife knife kn

Accordingly, the Defendant, carrying a knife, which is a dangerous object, assaults the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. CCTV video CDs;

1. Medical certificates and damaged photographs;

1. Application of Acts and subordinate statutes to a report on investigation (examination as to whether a case constitutes a dangerous article);

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special assault and choice of imprisonment with labor) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The punishment as ordered shall be determined by taking into account the following circumstances: although it is not good to the nature of the crime of this case for the reason of sentencing under Article 62-2 of the Social Service Order Act; however, its mistake is recognized; there is no criminal record of the same kind and the suspension of execution; and three million won is deposited for the victim: