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(영문) 서울남부지방법원 2015.07.14 2015고단558 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to two years of suspended execution for the violation of the Military Service Act at the Seoul Southern District Court on June 19, 2014, which became final and conclusive on June 27, 2014 and is still under suspended execution period.

【Criminal Facts】

Defendant

A around July 19, 2014, around 19:00, around the defendant's house located in Yeongdeungpo-gu Seoul Metropolitan Government, the victim D (the age of 22) lent the repair cost to the defendant, but the victim was able to buy the victim's arms and legs with Aluminium air gate, which had been located there on the part of the victim on the ground that the victim was not fully paid the repair cost, and then caused the victim to open the door to the floor, and then the above camping net was tamped by the victim.

In this respect, the defendant carried a dangerous object with a view to multi-faceted diversity, requiring approximately two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning D;

1. Medical certificates and photographs of preparation of a doctor;

1. Previous convictions in judgment: References to criminal records and application of respective statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

1. The reason for the sentence of Articles 53 and 55(1)3 (Defendant A) of the Criminal Act for discretionary mitigation [the scope of recommending punishment] the mitigated area (one year and six months to two years and six months), the mitigated area (a person who is subject to special mitigation] (including a serious effort to recover damage), the penalty not (including a serious effort to recover damage), or the recovery of considerable part of damage (the decision of sentencing] under Articles 53 and 55(1)3 (a) of the Criminal Act for discretionary mitigation [the scope of recommending punishment], and the fact that the victim has agreed with the victim is favorable to the defendant.

However, it is inevitable to sentence a law in that the defendant uses dangerous articles during the suspension of execution and causes injury to the defendant.

(b) other.

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