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(영문) 서울서부지방법원 2015.10.07 2015고단1213

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Around 09:50 on May 4, 2015, when the Defendant lacks the ability to discern things or make decisions due to the symptoms of alcohol addiction, the Defendant demanded the victim D (year 42) of the same elderly person in Yongsan-gu Seoul, Yongsan-gu, Seoul, to pay drinking money, on the ground that the victim did not have money. On the other hand, when the victim’s face was taken one time, the Defendant suffered injury, such as a non-heat, where the number of days of treatment cannot be known, due to the injury of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental illness and injury [the scope of recommendation] The mitigated area (one year and six months to two years and six months) [the person who is subject to special mitigation] of the mitigated area (one year and six months to six months] of the mitigated area (the person who is not subject to special mitigation] (the decision of sentence] of mental and physical disability (the person who is not subject to special mitigation), the defendant did not agree with the victim, and the defendant committed the crime of this case even though he had the record of criminal punishment including the punishment for the same kind of crime, it is inevitable to strictly punish the defendant in light of the fact that he committed the crime of this case.

However, the fact that all of the criminal facts of this case are recognized and reflected by the defendant shall be considered as favorable circumstances, and the punishment as ordered shall be determined in consideration of various sentencing conditions shown in the arguments of this case, such as the defendant's age, character, character, environment, and mental health status.