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(영문) 서울동부지방법원 2014.11.20 2014고단2587
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one and half years.

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 August 6, 2014, at around 00:50, the Defendant drinked with the victim E (the age of 45) who had been living and known in the same public notice telephone in Gwangjin-gu Seoul Special Metropolitan City, and had any monetary dispute with the money problem, and the victim was not the F, while the Defendant was doing so, the Defendant collected the head of the victim after having 2 to 3 times the victim's hand floor at his hand, and the Defendant was able to take the head of the victim, who is a dangerous object in the side, and the Defendant got the head of the victim, and the Defendant and F got the victim back to the fourth floor, and was able to take the victim from drinking and drinking.

The Defendant, in collusion with F, inflicted bodily injury upon the victim by carrying dangerous goods, which could not be known during the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect against F and E;

1. Application of standing photographs, field photographs, and Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Articles 257 (1) and 30 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the sentence recommended by the sentencing guidelines (determination of types), violent crimes; special injury [decision of the recommended area] mitigated area (decision of the recommended area] (decision of the mitigated area of recommendation), six months to two years and six months;

2. Determination of sentence shall be made in the same manner as the order, taking into comprehensive account all the circumstances shown in pleadings, such as the accused's confession, the fact that there is no record of being punished for the same kind of crime, the injury of the victim is not serious, the fact that there is an agreement with the victim, and other circumstances as shown in the arguments, such as the age, character, occupation, occupation, intelligence and environment of the accused, motive and process of the crime, the means

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