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(영문) 서울남부지방법원 2014.09.25 2014고단2878

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 21, 2014, at around 21:35, the Defendant: (a) committed assault to the third floor of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, on the 3rd floor, that “I knife why I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I k's head with dangerous things; (b) knife I knife I knife I k's head on the floor, and knife I k I knif I knif I k I knif I k

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (the submission of a medical certificate of injury and photographs of damaged parts);

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;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] There is no basic area (2 to 4 years) of the first category (2 to 4 years) of habitual injury, repeated injury, and special injury (2 to 4 years) [Judgment of sentence] [Judgment of sentence] of the defendant is not easy to find a crime that the defendant has inflicted an injury by assaulting a neighboring victim with golf loans, but the crime is deemed minor, but the defendant is recognized and reflected as a crime, the fact that the defendant has agreed with the victim, the fact that the defendant has no criminal history, the fact that the defendant has no criminal history, and all other sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc.