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(영문) 서울동부지방법원 2014.10.16 2014고단2056

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 29, 2014, around 13:10 on June 29, 2014, at the room of the victim D(45 years of age) in the Seoul Gwangjin-gu Seoul Special Metropolitan City CPublic Announcement Center 9, the Defendant laid the victim's face on the ground that the victim was laid down in the passage of the above public announcement center on the passage of the road.

As a result, the defendant carried dangerous things and carried them with the victim who is unable to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

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

1. Scope of the sentence recommended by the sentencing guidelines (determination of types), violent crimes. Special injury [Determination of the recommended area] mitigated area (a minor injury] (a mitigated area), six months to two years and six months;

2. In light of the decision of sentence of this case, the risk of the method of crime in this case, and the fact that there is no agreement with the victim, etc., the punishment as ordered shall be strictly imposed. However, considering the fact that the defendant is led to confession and is against the victim, the victim's injury seems not to be severe, the first offender and other circumstances revealed in the pleadings, such as the defendant's age, character, conduct, occupation, intelligence and environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., the punishment as ordered