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(영문) 서울남부지방법원 2014.09.04 2014고단901 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On January 19, 2014, at the main point of Guro-gu Seoul Metropolitan Government B and the second floor C, on the ground that the victim D (year 41) was changed to himself, the Defendant sold the parts side of the head of the Defendant’s body due to an empty small-scale disease, and caused the Defendant’s bodily injury that caused the Defendant’s finger to tear, and caused the Defendant’s finger to tear. On January 19, 2014, the Defendant cut the beer’s disease, which is a dangerous object on the tables of the above main point, to the victim’s right hand, etc.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of the Acts and subordinate statutes of photographing the suspect and the victim's wife;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Where the area to be mitigated (one year and six months to six months), the area to be mitigated (one year and six months to six months), the area to be mitigated (including efforts to recover damage), the area to be mitigated (a person who has been specially mitigated), or considerable damage (a decision to punish a sentence] one year and six months, the period of suspended sentence (a decision to punish a sentence is dangerous, but the number of crimes committed in the course of setting up against the price of the defendant by the victim's price due to an empty injury, the fact that the defendant was also injured by the victim, the fact that the victim was not punished by the defendant, the fact that the victim did not have any record of the same crime, and the fact that there was no record of the same crime shall be sentenced to suspended sentence only once);

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