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(영문) 서울서부지방법원 2015.10.21 2015고단2127

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

At around 08:45 on July 20, 2015, the Defendant inflicted an injury on “D” in Yongsan-gu Seoul Metropolitan Government and the second floor, where the number of days of treatment is unknown, on the ground that the attitude referred to in “D” of the first victim E (M, 35 years of age) was probed, and the victim’s click disease ( approximately 15 cm in length) was flicked, thereby suffering from an inspection of approximately 5 cm in the victim’s buck, and resulting in an injury with which the number of days of treatment is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. E statements;

1. Records of seizure and the list of seizure;

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

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 (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. Reasons for sentencing under Article 48(1)1 of the Criminal Act of the Confiscation [Scope of Recommendation] : Classification 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Contributor), the mitigated area (one year and six months to two years) (including a serious effort to recover damage) or considerable damage restoration [Pronouncement decision] is not easy, but the case is recognized and against the defendant, the defendant recognizes the crime of this case and agrees with the victim; the degree of injury is relatively minor; the defendant has no record of criminal punishment exceeding a fine; the defendant has no record of criminal punishment; the defendant has no other record of criminal punishment, and the defendant's age, character and conduct and environment and other various conditions of sentencing