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(영문) 서울동부지방법원 2014.09.18 2014고단1792

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

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 May 3, 2014, at around 10:30 on May 10, 2014, the Defendant observed that the former female-child vehicle entered the victim D (year 41) vehicle in the second floor parking lot of the building underground in Seongbuk-gu, Sungnam-si, Sung-si, the Defendant left the victim, leaving the victim, leaving the emergency triangulation of the vehicle, which is a dangerous object in the custody of the defendant's vehicle in the between the vehicle trokeke, and left the victim's face twice, taken the victim's face twice. When the victim's face cannot be known, the Defendant sustained the victim, and suffered the victim's wound, and caused the victim's injury.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to the victim's photographs and triular photographs for vehicles;

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. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the sentence recommended by the sentencing guidelines (determination of type), violent crimes. Special injury [Determination of the recommended field] basic area [Scope of the sentence of recommendation] two to four years;

2. Determination of sentence shall be made in the same manner as the order, taking into consideration the overall circumstances shown in pleadings, such as the defendant's confessions, the fact that there is no record of punishment exceeding the fine for the same kind of crime, the injury of the victim is not serious, and the age, character, conduct, occupation, intelligence and environment of the defendant, motive and background of the crime, means and method of the crime, circumstances after the crime, etc.