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(영문) 서울남부지방법원 2016.04.21 2015고단4407
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 14, 2015, at the sale office of Geumcheon-gu Seoul Metropolitan Government, the Defendant: (a) cancelled the sales contract concluded under the name of the Defendant’s wife E; (b) demanded the victim D (here, 51 years of age) who is the seller to return the down payment to the Defendant; or (c) demanded the contractual name to change the contractual name from the Defendant’s wife to the Defendant; (b) the victim refused it; (c) stated that “I will son son son son son son son son son son son son son son,” and “I son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son, and son son son son son son son, etc. son son son son son son son son son son.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. Report of investigation (to make phone calls to victims);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a field photograph, photograph of the person used in the course of violence, photograph of the victim's upper part of the body;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of volume [the scope of recommending punishment] : (a) the basic area (2 to 4 years) of the first type of habitual injury, repeated injury, and special injury (the scope of habitual injury, repeated injury, and special injury) (2 to 4 years) (no person subject to special sentencing] / [decision of sentencing] / The details leading to the instant crime; (b) the extent of damage; (c) the Defendant had the history of being punished three times due to violent crime; and (d) the Defendant has no agreement with the victim, it is inevitable to sentence sentence against the Defendant.

On the other hand, in consideration of the fact that the defendant recognizes and reflects the crime, deposited one million won for the victim, and other various sentencing conditions such as the defendant's age, sex, environment, and circumstances after the crime.

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