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(영문) 서울남부지방법원 2015.11.26 2015고단4219

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Each application for compensation filed by an applicant is dismissed.

Reasons

Punishment of the crime

On June 5, 2015, at least 05:40, the Defendant inflicted the injury on the victim D(19 years of age), C(20 years of age) and G(19 years of age) of a middle school in front of the F main point located in Gangseo-gu Seoul Metropolitan Government E, on the ground that he drinks alcohol like the Defendant’s her former female fat, the Defendant inflicted on the victim D’s face and head, the victim C face, the victim C face, the victim’s head, and the victim’s fat, and the victim D and C, each of which require approximately three weeks of treatment, and the injury to the victim G at an open top of the head cover that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D, C, and G;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Do1448, Apr. 1, 2009);

1. The reason for sentencing under Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Compensation Orders [the scope of recommending punishment] There is no person who has the basic area [2-years and years] [2-4 years] of habitual injury, repeated injury, and special injury (the scope of recommending punishment] [the decision of sentence] [the defendant used dangerous articles against victims who do not have any error for the same reason as indicated in the above facts charged] [the decision of sentence] The defendant used dangerous articles for the same reason as indicated in the above facts charged, thereby causing each injury of this case; the victims who caused the occurrence of these acts, and even if they received any damage compensation, it is inevitable to sentence sentence against the defendant, but considering the above circumstances, it is inevitable to determine the sentence as per the order beyond the scope of recommending punishment.