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(영문) 서울남부지방법원 2014.09.25 2014고단2702
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of two years and two months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:50 on June 8, 2014, the Defendant considered the victim E (22 years of age) in front of D in Yeongdeungpo-gu Seoul Metropolitan Government on the ground of the fact that the victim E (22 years of age) was cut, and caused injury to the victim's left shoulder part of the treatment days, the elb and face of the above victim, which is a dangerous object in the bank, by taking several times of the above victim's left shoulder part of the treatment days, the victim F (22 years of age) caused injury to the unclaimed part of the treatment days, and further, the victim F (the son, 22 years of age) caused injury to the son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.

As a result, the defendant injured the victims of dangerous articles.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution (including part of the defendant's statement);

1. The police statement concerning F;

1. Police seizure records;

1. On-site reports;

1. Application of each statute on photographs of damage;

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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (this Court has led to the confession of all crimes in this Court and repented the errors in depth, the fact that there is no record of having been sentenced to punishment for the same kind of crime, and other circumstances such as the motive and circumstances of the crime);

1. Article 62 (1) of the Criminal Act on the stay of execution;

1. The latter part of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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