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(영문) 서울남부지방법원 2016.10.19 2016재고단8

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On June 19, 2014, the Defendant was sentenced to three years of suspension of execution on June 27, 2014 by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) at the Incheon District Court, and the said judgment becomes final and conclusive on June 27, 2014 and is currently under suspension

【Criminal Facts】

Around 11:50 on September 13, 2014, the Defendant and the victim C (the age of 51) had come to know well while running a tree for about three years. Around September 13, 2014, at around 11:50, the Defendant got the victim before the home of the victim C (the age of 51) located in Geumcheon-gu Seoul Metropolitan Government, talked about the assault case, etc. between the Defendant and the victim C, and talked with the victim C. A. A. A. A. A. A. B. the victim’s head, arms, and distribution part of the victim C. A. B. a dangerous object cited by the victim C. (the length about 90cm, about 20cm, about 20cm) with the victim’s head, selling, and distribution part of the victim C. C. A. B. A. A. A. B. A. B. a victim with the victim’s her her her her her her her her her her her her her/ her/ her/ her/ her/ her/ her/ her/ her.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C and E;

1. A written diagnosis of injury;

1. The scene of injury, photographs, medical expenses calculation statement, receipts, photographs of criminal tools, and photographs of the victim's upper part of the body;

1. Previous convictions in judgment: Application of inquiry reports and investigation reports (verification of the fixed date of judgment) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 261 and 260 (1) (a point of special violence and choice of imprisonment) of the Criminal Act concerning the crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Scope of recommended sentences according to the sentencing criteria;

A. The recommended area is that there is no habitual crime, repeated crime, special violence (type 6) (type 6).