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(영문) 서울북부지방법원 2015.10.28 2015고단2879
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 August 24, 2014, at around 07:35, the Defendant, at the funeral hall of D Hospital in Jung-gu Seoul Metropolitan Government, brought a dispute with the victim E (math, 45 years old) in a one-day relationship, and brought the victim's head to the victim's head, who was a dangerous thing in the middle-gu Seoul Metropolitan Government, brought the victim's head to the victim, and brought the victim's head to the end of the part of the days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to certificates of medical records, 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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under Acts: One year and six months to fifteen years;

2. Where the mitigation area (one year and six months to two years and six months), mitigation area (one year and six months), punishment not (including advanced efforts to recover damage), or considerable partial damage is recovered, in the application of the sentencing guidelines (the range of recommending punishment] (the scope of recommending punishment on July 1, 2015), habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, and special injury).

3. Although the defendant had a majority of the criminal records of the same kind, he/she committed the crime in this case, and was found to have been inflicted upon his/her superior head due to a dangerous object, and he/she committed the crime in this case. However, the defendant agreed to pay compensation of 2 million won to the victim, and other factors of sentencing indicated in the records of this case, such as the background and form of the crime in this case, circumstances after the crime, age, character and conduct of the defendant, character and environment, shall be determined as ordered by taking into account all of the factors of sentencing indicated in

It is so decided as per Disposition for the above reasons.

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