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(영문) 서울중앙지방법원 2015.07.17 2015고단3009
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who serves as a taxi driver in Seowon-si.

On May 18, 2015, at around 12:10 on May 18, 2015, the Defendant, at the entrance of the Seocho-gu Seoul Metropolitan Government Gangnam-gu Office, 10-ro 77, brought the head to the key of the vehicle run by the victim C, who is a taxi engineer of the same company, on the ground that the victim C, who was a taxi engineer of the same company, her own.

When the defendant was faced with face from the victim opposing it, the defendant had a knife (25cm in knife) which is a dangerous object in the front of the above office, and suffered bodily injury such as an open upper part of the two knife and an open upper part of the knife that require medical treatment for 14 days to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding C;

1. Police seizure records;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Records 15, 67, 85, 86);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury on a dangerous object);

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

1. The sentence of Article 62(1) of the Criminal Act of the suspended sentence is imposed [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act is to be imposed in consideration of the following: (a) category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodily Injury) (1 year and 2 months); (b) the mitigation area (1 year and 16-2 months); (c) the punishment is not imposed (including advanced efforts to recover damage); or (d) the damage has been restored to a considerable part; and (e) the

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