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(영문) 서울남부지방법원 2015.12.24 2015고단2691
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

On July 8, 2015, the Defendant: (a) around 10:00, at the “D Public Notice Hostel” parking lot located in Yeongdeungpo-gu Seoul Metropolitan Government, and (b) while drinking alcohol together with the victim E (the 40 years of age), caused the shoulderer disease, which is dangerous for the victim to put the victim’s left arms onto the part of arms where the number of treatment days cannot be known to the victim.

Summary of Evidence

1. Statement to E by the police;

1. E statements;

1. Application of Acts and subordinate statutes to 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] / [the basic area of special injury] by violence (Type 1] : There is no person who has been a special offender] for two to four years / [the decision of sentencing] [the decision of sentence] / The sentence was sentenced to imprisonment with prison labor for the defendant, taking into account the details of the crime in this case, the method of committing the crime, the degree of damage, the defendant's attitude denying the crime in this case, the defendant's age, character and behavior, criminal records, the circumstances after the crime, etc.

It is so decided as per Disposition for the above reasons.

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