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(영문) 서울북부지방법원 2016.04.21 2013고단1950

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2013, the Defendant: (a) around 10:00, when drinking alcohol at the residence of the victim C2, the Defendant used the victim’s general telephone for a long time; (b) the victim’s general telephone at home, and (c) the victim’s flap typ typ, fladb, and (d) the victim (“the victim’s telephone flap” at the victim’s home, and damaged it by plucking, plucking, or digging up, the victim’s telephone flaf at the victim’s home, which is a dangerous thing in the kitchen, and then flapan, the back head of the victim’s kitchen, flaf, which is a dangerous thing in the kitchen, led to the number of days of treatment that combines 60 times more.

Summary of Evidence

1. Statement of the defendant in the third public trial records;

1. A protocol concerning the examination of suspects of D;

1. A photo of a damaged body or a dives of blood;

1. A medical records;

1. The investigation report (as to the hearing of statements from the counter party to D)

1. As to the investigation report (as to the hearing of statements by witnesses):

1. Application of Acts and subordinate statutes to investigation reports (as to statements by witnesses);

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Article 366 of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Scope of applicable sentences under Acts: Imprisonment for not less than six months to not more than seven years; and

2. Scope of the recommended sentencing criteria: Offenses for which the sentencing criteria are not set; and

3. The circumstances unfavorable to the Defendant, including the background leading up to the instant crime, the method of committing the instant crime, the victim’s side and degree of damage, and the fact that the Defendant has been subject to criminal punishment for the same criminal act as the instant case five times, but the Defendant has a deep variety of and reflects his/her criminal act from the investigation stage to the instant court, and the Defendant is detained on January 23, 2014, and is release on bail on March 14, 2014.