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(영문) 서울남부지방법원 2015.01.15 2014고단4355

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 21, 2014, the Defendant: (a) around 21:20, around 21:20, the Defendant: (b) opened the crosswalk on the front of the Samcheon-ro 28, Gangseo-gu, Seoul, by discovering the victim D (the age of 41); (c) found the victim D (the age of 41); and (d) based on the victim’s “infinite, why is, why is, why is, what is, and why is, why is, what is the road?” and (d) did not turn on the front of the car and did not turn on the front of the car.

The Defendant started the car with the victim who was lowered from the above car and the driver's seat while driving the car with the driver's seat and brought about the victim who was driving the car in front of the car, and caused the victim to be used as a main set of the car due to the shock, and caused the victim to suffer injury such as salt, tension, etc. for about 20 days in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to listen to statements by video or telephone);

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing photographs taken in order to cover injuries of victims D;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : (a) the mitigated area (1 year and six months to six months) of habitual injury, repeated injury, and special injury (1 year and six months) (1 year and six months) [Special Mitigation] of the mitigated area (1 year and six months) ; (b) the accused is also liable for the occurrence of the crime or the expansion of damage; (c) although the liability for the crime is not easy in light of the circumstances leading to the crime of this case and the degree of damage; (d) the accused is recognized and against the crime; (e) the accused has no criminal power; (e) the degree of injury is relatively minor; and (e) the accused’s age, character and conduct, environment, and circumstances after the crime, etc.