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(영문) 서울동부지방법원 2015.10.01 2015고단1728

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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around 23:00 on January 16, 2015, the Defendant inflicted injury on the victim E (years 52) and the Defendant, who fested and fested the horses of the Defendant on the ground that the victim, who was the extension of the victim, had a fluoral disease, which is a dangerous object, on the ground that she had the horses without permission, at around 3 weeks of her full-time medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Application of the photographic 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence is determined as per the order, comprehensively taking into account the following circumstances as a whole: (a) the mitigation area (one year and six months to six months), the mitigation area (including a person who has been specially mitigated), the punishment of a person who is not subject to punishment (including a serious effort to recover damage), or considerable damage has been recovered; (b) the punishment of a person subject to punishment and the scope of the recommended punishment: June and two years and six months (one year and six months [Pronouncement Decision]; (c) the details and extent of the instant crime; (d) the degree of damage; (d) the agreement with the victim; (d) the confession and confession; (e) the Defendant’s criminal records, age, career, health status, family relation, etc.; and (e) the criminal records; (e