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(영문) 서울중앙지방법원 2014.07.11 2014고단2506

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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

The Defendant promised to marry with the victim C (nive, 31 years of age).

On April 15, 2014, at around 22:20, the Defendant inflicted injury on the victim's house located in Dongjak-gu Seoul Metropolitan Government D, on the part of the victim's mixed floodgate, 500c glass cups, which is a dangerous thing that the victim's head was at home and in the middle of the dispute with the victim, she suffered approximately 6 weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Report on investigation and report on investigation;

1. A medical certificate;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Two years to four years (the group of violent crimes, the type of special injury, and the basic area) from the scope of imprisonment with prison labor for the recommended sentencing criteria;

2.The decision of the court below shall be made in consideration of the scope of the above recommendations and the following circumstances:

3. Unfavorable circumstances: Punishment conditions shown in the records, such as the defendant's age, character and conduct, environment, etc. that have no record of the same crime; the defendant's age, character and conduct, and environment that have no record of the same crime; the defendant has been detained for a period of three months; the defendant has made efforts to recover from damage by depositing 20 million won; the defendant has no record of the same crime; and the defendant has no record of the same crime.