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(영문) 서울남부지방법원 2015.07.01 2015고단1263
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 06:00 on April 9, 2015, the Defendant: (a) in D 7 rooms located in Guro-gu Seoul Metropolitan Government, the victim E (the 54-year-old-old-gu-gu-gu-gu-gu-gu (the 54-year-old-gu-old-gu-gu-gu) provided that “Is the drinking alcohol, if necessary, it would be that you do so; and (b) purchased the beer only with the beer, and did not purchase it

The Defendant, while making a horse dispute with the victim who did not have a part of beer, had the victim walked with his own shoulder, walked with him, and frenched him with french, laid the food knife (25cm in total length, 13cm in knife length) which was a deadly weapon in the inside and outside west, and laid the part of the part of the victim's right knife with the victim's right knife, knife the part of the victim's right knife, and laid the knife on the floor.

After the victim knife the above knife and knife the knife from the victim, the Defendant knife the knife of the knife and knife the knife of the victim 2-3 times.

As a result, the Defendant inflicted damage on the victim, which requires treatment for up to seven days, such as ambling heat, oskeel damage, ambling mathrosis damage, ambling damage, and ambling damage.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on seizure records;

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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the same Act

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

1. One year and six months from June to two years from the date of imprisonment on the sentencing guidelines (based on the lower limit of the applicable sentencing guidelines, in cases where the victim is fully responsible for the occurrence of a crime or the expansion of damage even to the victim, the lower limit of the applicable sentencing guidelines shall be determined in accordance with the law, respectively);

2. Determination of sentence, deadly weapons;

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