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(영문) 서울서부지방법원 2014.06.20 2014고단598
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

At around 20:30 on February 5, 2014, the Defendant, within the Seodaemun-gu Seoul Metropolitan Government 106 dong 1401, the victim D (58 years old) and 1401, poscam, which is a dangerous object that has a spoching, blocks twice the face side of the victim D, and spoke up one time with the spoon, which is a dangerous object, and continued to spoke up the victim E (5 years old) who continued to fight, thereby making the above poscam of the victim E, who are flicked with the victim E (5 years old).

As a result, the defendant set the window of this part on the right side and the right side side of the treatment days to the victim D, and the victim E with the unknown number of days of treatment to the victim E respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect of D or E;

1. Data on the parts of the suspect D's injury and pictures;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements after victim E);

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the victim does not want the punishment of the defendant, the defendant's mistake is recognized and repents, the defendant has been punished by a fine, and all of the sentencing conditions in the instant case, including the circumstances leading to the instant crime, the defendant's age, character and conduct, and environment, shall be considered);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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