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(영문) 서울남부지방법원 2015.02.05 2014고단3404

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

At around 01:00 on July 11, 2014, the Defendant: (a) brought the victim’s disease, which is a dangerous thing cited in a bad hand on the ground that the victim’s horse dispute with the victim D (ma, 53 years old); (b) caused the victim’s tear, and (c) caused the victim’s paralysis to tear the 8cm amount, thereby causing the victim to face the head of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs of the upper part of the victim;

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. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the confession of a criminal act and the misunderstanding of his/her depth, the fact that he/she is detained by the instant crime and living under confinement for more than 40 days, the fact that he/she has been punished for the same criminal act three times, but the fact that the punishment of a fine is imposed, and all other extenuating circumstances, such as the motive for the crime, the relationship with the victim, etc.);

1. Article 62 (1) of the Criminal Act on the stay of execution;

1. It is so decided as per Disposition on the grounds of not less than the latter part of Article 62-2 (1) and (2) of the Criminal Act;