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(영문) 서울남부지방법원 2014.09.04 2014고단2705

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. Around 10:00 on May 30, 2014, the Defendant threatened with the victim D (the age of 31) on the ground that he/she did not spawn the wind engine in Gangseo-gu Seoul, Gangseo-gu, Seoul around 10:0 on the ground that he/she did not spawn the wind engine, which was a dangerous object that had been in the front section on his/her book.

2. The Defendant, at the time and place specified in the above paragraph (1) of the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.), when he fights against the victim E (the age of 31) who was fighting at a place, and when he saw the victim's head, he saw the victim's head, which is a dangerous object on the wall, on the ground that the victim shicks and shicks the victim's head, which is a dangerous object on the wall, and led the victim to pressure trac with the left-hand hand, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the occupation of carrying dangerous articles) of the relevant Act on criminal facts;

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. Where the reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is a type 1 (the scope of recommendation / [the scope of habitual injury, repeated injury, repeated crime, and special injury] [the range of 1.6 months to 2.6 months] in the area of mitigation (including a serious effort to recover damage), in the area of punishment (including a serious effort to recover damage), in the area of punishment (including a special mitigation), or in the case of recovery of considerable damage, the range of recommendation / [the range of 1] in the area of mitigation (4 to 4 months and 1 year), in the area of punishment [the area of mitigation (including a special mitigation] in the area of mitigation (4 to 1 year), in the area of mitigation (including a serious effort to recover damage) or in a considerable part of damage.