beta
(영문) 서울동부지방법원 2014.06.19 2014고단679

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

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

except that 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

1. Around March 21, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) around 21:20 on March 4, 2014; (b) the victim E (the age of 47) and the smoking problem, with the hand floor of the company located in Songpa-gu Seoul Metropolitan Government, was clicking the victim’s knives in number; (c) the victim was blicked with his/her hand; and (d) the victim was blicked with his/her head on his/her hand; and (d)

As a result, the defendant carried dangerous objects and carried them for about two weeks to give medical treatment to the victim.

2. In the date, time, and place set forth in paragraph 1, the Defendant: (a) the Victim F (51) was fluorily fluorily fluorily fluor; (b) the Victim F (51) was bluorily bluorly fluord with the Victim’s bluor, thereby reducing the Victim’s bluore.

As a result, the defendant puts the victim on the right side and the side side of the victim in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each police statement concerning E, G, and F;

1. Each injury diagnosis letter;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; and Article 257 (1) of the Criminal Act concerning crimes;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the sentence recommended according to the sentencing guidelines (determination of a type), violent crimes. Special injury [Determination of the recommended field] mitigated area (Recovery of Damage] [Scope of the sentence for which recommendations are made] from 1 year and 6 months to 2 years and 6 months [Scope of the sentence for which recommendations are made according to the sentencing guidelines] 1 year and 6 months to 3 years;

2. The fact that the defendant's decision of sentencing is in depth against the victims, agreed to by the victims, the first offender who has no record of punishment, and other age, character, character, occupation and occupation of the defendant.