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(영문) 서울서부지방법원 2014.11.07 2014고단2395

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Around 17:50 on August 26, 2014, the Defendant took a bath at the construction site of a new building located in Eunpyeong-gu Seoul Metropolitan Government, on the ground that he saw the other parts of the victim’s D (the age of 65) to perform a work, while drinking alcohol, and told them to “a horse not to stop” from the victim’s D (the age of 65). He saw her own victim, “a bit bit bit bit bit bit bit bit bit of a bitch bit bit bit bit of a bit bit bit bit bit of a victim’s body. After he pusheds the victim’s body with his hand, the Defendant took a bath to the victim’s face and body, and took a pipe connected (the length of 21cm, 4cm) with a dangerous thing located on the surrounding floor, and took care of the victim’s face and body when she talks about the victim’s face and body, and cut the victim’s bones, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to visit a hospital and to investigate the victim), investigation report (the diagnosis and the confirmation report on the treatment status of the victim);

1. Application of the Acts and subordinate statutes to photographs and criminal implements photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the injured party is not subject to the punishment of the accused, etc.);

1. Article 62 (1) of the Criminal Act (Taking into account the same reasons as the above);

1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order [Scope of Recommendation] The judgment is rendered as shown in the disposition, where the mitigated area (one year and six months to two years] (including special mitigation), the mitigated area (one year and six months to six months), or considerable partial damage has been recovered, due to the above reasons;