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(영문) 서울중앙지방법원 2013.12.20 2013고단5959
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 becomes final and conclusive.

Reasons

Punishment of the crime

On May 26, 2013, at around 06:05, the Defendant expressed that, before the 8th floor of the building located in Jung-gu Seoul Metropolitan Government, the victim E (Nam, 25 years of age) and snow walked in the elevator, the Defendant expressed the victim’s face, and the victim “defincing, leaving away, leaving off, and leaving off,” and continued to put the victim’s head at the second floor of the building. After getting off the building into the first floor, the Defendant was in the head of the victim, which was a dangerous object in the vicinity, and the period of treatment cannot be known to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The testimony of the witness E and F (in the case of the defendant at the time of the victim's head on one hand, it is true that the victim's head on one hand was not at the victim's head on one hand, but it is argued that there is no fact that the victim's head on one hand was at the victim's head on one hand. However, it is difficult for the witness E to clearly state the damaged facts in this court

1. An interrogation protocol of police officers concerning G or F;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on affected areas and on-site 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The scope of recommending sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act: The sentence shall be imposed in consideration of the following favorable circumstances: imprisonment with prison labor for a year and June to June, and two years and six months; imprisonment with prison labor for a specific injury: the risk of committing a crime at the price as a brick for two years under the suspension of the execution of one year and six months; imprisonment with prison labor for a certain period; and the same type of crime has the same career; and the defendant did not have any attitude against the truth while denying the fact of the crime; on the other hand, the sentence shall be imposed in consideration of favorable circumstances such as the fact that the victim expressed that he/she does not want the punishment by mutual consent with the victim after committing an contingent crime.

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