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(영문) 서울북부지방법원 2015.09.18 2015고단2207

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 03:30 on May 21, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) said that “the victim took a fluor in the house so that he would have come to the house so he would have come to the house so he would have come to the house so he would have come to the house so he would have come to the fluor, while taking the bath, putting the body of the victim in a fluor, which is a dangerous object located on the bank, one time the head of the victim’s right head is fluor and fluor, which is a dangerous object located on the bank, and put the victim’s head twice by drinking the fluor.

2. In order to prevent the Defendant’s escape at the time and place specified in paragraph 1, the injured Defendant: (a) obstructed the victim’s face, neck, etc. from drinking in a restaurant; and (b) took part in the victim’s face, neck, etc., for about two weeks; and (c) took part in the victim’s face, neck, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

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. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing in Article 62-2 of the Criminal Act, Article 62-2 of the Act on Probation and Order to Attend the Course of Probation and Order to Attend the Supreme Court Decision 1: (a) the mitigated area (1 year and 6 months to 2 months) (1 year and 16 months) of the mitigated area (1 year and 2 years and 6 months) of the Special Injury (2) (a person subject to special mitigation] of minor injury [a person subject to recommendation] of the mitigated area (2 months to 1 year) of the mitigated area (2 year), the mitigated area (1 year to 2 years) of the mitigated area (1 year and 4 years), the defendant erred.