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(영문) 서울동부지방법원 2015.01.22 2014고단2733

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

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

On June 2, 2014, at around 18:30 on June 2, 2014, at the container office located in Gangdong-gu Seoul Metropolitan Government, the Defendant: (a) as a matter of exercising the right of retention on the above land owned by the Defendant, the victim E (the age of 52) and F (the age of 49) ran the television, which is a dangerous object attached to Si expenses, as hand; and (b) gets off the victim E’s head by using the crypter in its original form; (c) continuously faced with the occurrence of the above victim; and (d) continuously booming the victim F’s throth and drinking body; (e) gravel, which is a dangerous object out of the container; and (e) when the head of the above victim’s head, the Defendant e was able to cut off approximately 2 weeks of treatment to the victim E for approximately 3 weeks, and 3 weeks of treatment to the victim F.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victims.

Summary of Evidence

1. Defendant's legal statement;

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

1. Protocol concerning the examination of each police suspect with respect to E or F;

1. Each injury diagnosis letter;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the sentence recommended according to the sentencing guidelines [decision of type] violent crimes. Special injury [Determination of the recommended area] mitigated area (referring to a serious effort to recover damage, significant damage recovery), [Scope of the sentence recommended] from 1 year and 6 months to 2 years [the scope of the sentence recommended according to the sentencing guidelines] from 1 year and 6 months to 16 months [the scope of the recommended sentence according to the sentencing guidelines] from 1 year and 1

2. Although it is necessary to strictly punish the Defendant considering the risk of the instant method of committing the instant crime, the fact that the Defendant is led to confession and reflect.