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(영문) 서울중앙지방법원 2014.06.25 2014고단2627

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for a term of one year and two 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 March 31, 2014, the Defendant was sentenced to four months in the Suwon District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) and the said judgment became final and conclusive on April 8, 2014.

around 14:50 on February 6, 2014, the Defendant: (a) around 14:50, in the way of the “C” of the fifth floor of the term “C” located in Jung-gu Seoul, Seoul; (b) the victim D (Nam, 51 years of age) residing adjacent to the Defendant

5. Around 03:00, on the ground that he/she scam and scambling with the victim, he/she suffered bodily injury, such as festing the victim’s hair and face, by taking away each item (60 cm in length, 4 cm in width, 5 cm in length) which is a dangerous object brought by the victim while suffering from the victim’s hair and face, where the victim’s hair and face part of the victim’s hair were unable to know the number of days of treatment, and saw the victim’s eye and head part to tear it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written opinions, photographs of the injured part of the victim, and each photograph;

1. Previous convictions in judgment: Consolidated case inquiry and application of Acts and subordinate statutes;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. There are circumstances that can be considered in light of the circumstances unfavorable to the defendant, such as the nature of the crime of this case and the circumstances of the crime of this case committed several times due to violence, and the fact that the defendant, who has been punished several times due to violence, committed the crime of this case, did not agree with the victim, and did not seem to have any trace of endeavoring to recover from damage, under each item, which is a dangerous object for sentencing under Article 62-2 of the Criminal Act of probation and community service order.