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(영문) 서울서부지방법원 2014.11.13 2014고단1488

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On June 10, 2014, at around 06:40, the Defendant, while drinking alcohol before the D convenience store in Eunpyeong-gu Seoul Metropolitan Government, was put to a vision on the ground that he was frighted with the victim E (the age of 22) who was living in his house and snow while staying in the house. On the other hand, the Defendant fell down on the two floors of the above convenience store, and came out with the transition of dangerous articles (the total length of 19.5cm, the blade length 10cm) and again inflicted injury on the part of the victim, such as the left part, the left part, the left part, the left part, and the open part, etc. of the victim, which were frighted by the victim in the hands of the Mariner. 10, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of prosecutorial statement concerning E;

1. Statement of the police statement concerning F;

1. Records of seizure and photographs of seized articles;

1. Each report on investigation;

1. Application of the legislation in its opinion;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal circumstances, such as the fact that the defendant has not been punished once by a fine, in addition to the punishment imposed on him/her once, and that he/she has not committed any previous offense and reflects his

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] The basic area (2 to 4 years) of Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodi Bodily Injury) (2 to 4 years) of the Criminal Act (Pronouncement Decision] of the criminal defendant

The Defendant’s crime of this case was committed under the influence of alcohol and resulting in injury to the victim’s clothes, such as knife, the left-hand side of the knife, etc., on the ground that the victim was under the influence of alcohol. The Defendant is sentenced to imprisonment with prison labor in light of the following: (a) the method of crime is very dangerous; (b) the victim was partially subject to a disguised restraint; and (c) there was damage between the victims; and

However, the defendant is punished once by a fine.