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(영문) 서울서부지방법원 2015.10.08 2015고단1655

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

Reasons

Punishment of the crime

At around 02:00 on July 14, 2014, the Defendant: (a) 103 in Mapo-gu Seoul, Mapo-gu and 103, and the male-friendly job offering victim D (23 years of age) in a dispute with the victim; (b) 13 cm in the door (13 cm in total length, 8 cm in daily length) in a dangerous object; and (c) caused the victim’s injury, such as kniff in one time, and trif in the left side of the victim’s left part, which requires the victim’s treatment for about 28 days.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 circumstances, etc. considered as the following reasons for sentencing):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (restatement of the circumstances, etc. considered as the reason for sentencing) is that the injury suffered by the victim due to the Defendant’s crime of this case, but it seems that there are no criminal records beyond the fine and some circumstances exist to consider the background of the crime; the victim’s medical expenses were borne by the victim; and three million won was deposited for the victim, etc., the sentence shall be determined as per Disposition, taking into account all the circumstances constituting the basis for the sentencing of this case.