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(영문) 서울동부지방법원 2014.01.28 2013고단3166
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

around 1:00 on September 4, 2013, the Defendant inflicted injury on the victim D (the age of 36) and the hack pipe (the length x 54m in diameter x 54m) at the site of a newly constructed apartment site of Gangseo-gu Seoul Metropolitan Government, on the ground of the closure of about 70 days, the Defendant brought the victim’s back part of the part, such as the victim, at one time, and the back part of the part, such as the victim, was cut off, and the victim’s back part was cut down at about 70 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to each photograph, medical examination and treatment, and written diagnosis;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the injured party is not subject to punishment by mutual consent, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that he/she has committed a crime in an incidental way);

1. Probation and community service order: Where the reason for sentencing under Article 62-2 of the Criminal Act [the determination of a sentence] is habitual injury, repeated injury, special injury (special person] habitually injured, repeated crime, injury resulting from special injury [including a serious effort to recover damage] - the area of mitigation [the decision of the recommended area] [the scope of recommendation] one year and six months to two years [the range of general persons] - the reflectd amount of mitigation elements [the range of punishment] - the applicable provisions of Acts: Three years or more [the extent of punishment] : three years or more [the main reasons for sentencing] - The statutory punishment under Article 3(1) and 2(1)3 of the breadth Act : Where a negative organization or multiple forces or commits a crime by carrying a deadly weapon or other dangerous things, the same criminal records (a suspended sentence of imprisonment for not more than five years, or a fine not less than three times) - the main reason for mitigation or recovery of damage: The affirmative judgment of a prison sentence including a prison sentence for active damage (a prison sentence of imprisonment for not more than three years];

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