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(영문) 서울동부지방법원 2015.01.05 2014고단3743

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 December 5, 2014, at around 09:50 on December 5, 2014, the Defendant: (a) was a shouldered beer who was a dangerous object for the reason that the victim E (here, 47 years of age) living together in the Defendant’s residence in Gangdong-gu Seoul Metropolitan Government was late at the latest without telephone at night; (b) the victim’s two scams of the victim’s scams were in a face-to-face check where the treatment period cannot be known.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to photographs of shouldered beer and disease;

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 Act of the suspended sentence [Scope of Recommendation] Where the mitigated area (i.e., type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Special Bodily Injury) (i.e., one year and six months), the mitigated area (i., one year and six months to two months), the punishment not (including efforts to recover damage), or considerable damage is recovered (i.e., a decision of a sentence] the crime of this case is committed by the defendant with the face of the victim for the reason that the victim, who is a female living together, has returned late, and is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime and divided, it is difficult to see that the degree of injury is very serious, the victim does not want the punishment, and the defendant has no power to commit the crime except that he has been punished once by a fine for the same kind of crime before old.

In addition, all other circumstances, including the circumstances leading to the defendant to commit the crime, the age, character and conduct, environment, motive and circumstances of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for sentencing prescribed in Article 51 of the Criminal Act, as shown in the argument of this case