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(영문) 서울서부지방법원 2014.10.16 2014고단1880
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 July 6, 2014, at around 21:30, the Defendant considered the victim E (the age of 44) who took a bath from the victim E (the age of 44) who took a drinking in front of the D convenience store in Yongsan-gu Seoul, Yongsan-gu, Seoul, about July 6, 2014, the Defendant saw the victim's head to a small-scale illness, which is a dangerous object on the table, and put the victim's head to the victim's unknown number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to photographs of the body part of the victim;

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. Article 62 (1) of the Criminal Act ( repeatedly considering the circumstances that are considered as the grounds for sentencing following the period of suspended execution);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] In a case where the victim has considerable responsibility for the occurrence of and the expansion of damage to the crime in the area of special mitigation (9 to February 6) (special mitigation) (special mitigation) [Special Mitigation]], the court not to punish the victim [decision of sentence] of the above sentencing guidelines shall be determined as the order by taking full account of various circumstances, such as the defendant's criminal records, age, character and conduct, and environment, which are the conditions for the sentencing of the instant case, including the criminal records, age, character and behavior, and environment.

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