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(영문) 서울남부지방법원 2015.07.22 2015고단2331
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 1, 2015, the Defendant: (a) around 19:00, at the time of 19:00, suffered an injury in the treatment days due to the victim F (the age of 57) who deemed that the victim F (the age of 57) was not good due to the previous obligation and obligation relationship in the D market located in Yangcheon-gu Seoul Metropolitan Government; (b) the Defendant was able to see the victim F (the age of 57).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on injuries, injuries and 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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The conditions favorable to the following reasons for sentencing):

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

1. One year and six months from June to two years from the date of imprisonment on the sentencing guidelines (the group of violent crimes, habitual injury, repeated crime injury, special injury, Type 1 (Habitual injury, Bodily Injury, Bodily Injury and Bodily Injury) and the area of mitigation (the area of mitigation of punishment is not subject to punishment);

2. Although the nature of the crime of this case where the defendant who was sentenced to punishment did not inflict any injury by using dangerous things, the punishment as ordered shall be determined in consideration of the fact that the defendant committed the crime of this case by contingently, the degree of injury suffered by the victim is not severe, the defendant recognized the mistake, and the defendant is repented, and the victim does not want the punishment of the defendant by agreement with the victim, etc.

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