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(영문) 서울남부지방법원 2015.05.14 2015고단856
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 1, 2013, the Defendant: (a) around 18:15, at the Gannam Park in Yangcheon-gu Seoul Metropolitan Government, brought the head from the victim C (the age of 55) to drinking by the victim; (b) the head of the victim was fleeped by the victim's disease, which is a dangerous object in the side; and (c) the head of the victim was flicked by the victim's head was flicked by the victim's head on one occasion, and the number of treatment days was f

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considerations, etc. agreed with the victim);

1. Where the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the above sentence) of the suspended sentence is [Scope of recommending punishment] the mitigated area (one year and six months to two years and six months), the mitigated area (including a person who has been specially mitigated), the penal penalty not (including a serious effort to recover damage), or considerable damage (including a decision of sentencing), the sentence is determined as per the order within the scope of recommending punishment in consideration of the above circumstances, etc., and the execution of the sentence is suspended;

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