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(영문) 서울남부지방법원 2015.12.09 2015고단3683
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

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 August 9, 2015, at around 01:25, the Defendant, without any justifiable reason, sustained the victim C’s backwards of the victim C, who had been passing a path to five exit 137, a dangerous object ( approximately 3 cm in diameter, about 30cm in length), which was located in the Do road of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, for about one time, and sustained the victim with approximately 3 cm in the number of treatment days left behind the water.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. On-site reports;

1. Application of Acts and subordinate statutes to each investigation report (to the degree of harm inflicted on a victim, hearing his/her telephone call or statement);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Where the mitigation area (1 year and six months to two years), mitigation area (1 year and six months to six months), penalty exemption (including advanced efforts for recovery of damage), or considerable damage has been restored to the sentencing criteria [Scope of recommendation] for habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, and special injury) for habitual injury;

2. The crime of this case, which was sentenced to the sentence, is committed by using the net value, which is a dangerous object, and the nature of the crime is very poor in light of the means and risk of causing the injury to the victim, and the defendant has a record of having been sentenced to a fine several times in the same kind of crime is disadvantageous.

However, it is recognized that the defendant's recognition of the crime of this case reflects the defendant, seems to have reached the crime of this case by contingency under the influence of alcohol, the degree of injury of the victim is not severe, and the victim does not want the punishment of the defendant, and there is no record of the defendant sentenced to the punishment.

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