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(영문) 서울동부지방법원 2014.05.15 2014고단532

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

At around 13:00 on September 3, 2013, the Defendant, at the D’s coffee specialty store located in Gangdong-gu Seoul Metropolitan Government, asked E from the victim F (the age of 44) (the age of f.o.) who f.o.b., f., and listen to the desire, h.b., a dangerous object near the said coffee specialty store ( approximately 100 cm in length, approximately 3.5 cm in diameter), and h.b., a part of the victim’s right b.

Accordingly, the defendant carried dangerous articles and carried them to the right buckbucks which make it difficult for the victim to know the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F and E;

1. Application of a copy of medical records and replies;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the sentence recommended by the sentencing guidelines (determination of types), violent crimes; special injury [decision of the recommended area] mitigated area (decision of the recommended area] (decision of the mitigated area of recommendation), six months to two years and six months;

2. Determination of sentence shall be made like the order, taking into account the fact that the defendant makes a confession and reflects the sentence, that is agreed with the victim, that there is no record of punishment exceeding the fine for the same kind of crime, that there is no serious injury, and that there is no serious injury, and that the conditions of sentencing as prescribed in Article 51