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(영문) 서울서부지방법원 2014.10.23 2013고단3497
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

On October 19, 2013, around 11:30 on October 19, 2013, the Defendant has a conflict with the victim C (the age of 41) and the construction work of the extreme broadcast at the site of the new construction work of the extreme broadcast in Mapo-gu Seoul, Mapo-gu.

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Summary of Evidence

1. Each legal statement of the witness C, D, E, and F;

1. Statement of the police statement regarding C;

1. A copy of the C Preparation Statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to damaged parts of photographs and saw photographs;

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 (the circumstances, etc. considered as the following reasons for sentencing):

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommendation sentence] (the scope of habitual injury, repeated injury, and special injury] In the mitigated area (one year and six months to two years) (one year and six months), minor injury [the decision of sentence] in the mitigated area (one year and six months to six months), and the defendant is a primary offender who has no criminal power and the degree of injury to the victim is relatively heavy in the above sentencing guidelines and the defendant is a primary offender who has no criminal power; the defendant's age, character and conduct, environment, etc. shall be determined as the same as the order.

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