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(영문) 서울남부지방법원 2015.05.13 2015고단766

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)

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

At around 22:40 on December 2, 2014, the Defendant: (a) went home under the influence of alcohol at the Defendant’s residence of Geumcheon-gu Seoul, Geumcheon-gu, Seoul, on the ground that he was frighting from the victim D (the age of 53) who was frighting to the face, etc. of the victim; (b) put the victim’s left chest and the left shoulder, and put the victim’s E (the age of 50) who was a deadly weapon in the kitchen at the kitchen, put the victim’s right hand over the victim E (the age of 50) who was prone to restrain it, and put the victim D on the right hand of the victim E (the age of 50) who was frighting to the left chest of the treatment days, and frighting the treatment days to the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. On-site photographs;

1. Investigation report (related to victim's injury);

1. Application of Acts and subordinate statutes on seizure records;

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

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The conditions favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Two to six years (aggravating the upper limit according to the group of violent crimes, habitual injury, repeated injury, special injury by repeated injury, first category (special injury by habitual injury), basic area (special aggravation factors: victim who continues to exist, special mitigation factors (special mitigation factors) and standards for handling multiple crimes) respectively;

2. Major reasons for the suspension of execution - positive reasons for the suspension of execution - There is no history of criminal punishment, and the victim's general participation reasons for the suspension of execution - positive: contingent crimes, serious reflects; and

3. Determination of sentence: Imprisonment with prison labor for not less than two years and three years of suspended sentence; and