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(영문) 서울서부지방법원 2015.09.02 2015고단1630
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On June 28, 2015, around 20:40 on June 28, 2015, the Defendant thought that the victim D (mari, 44 years old) living in the defendant's house adjacent to the defendant's residence located adjacent to Yongsan-gu Seoul Metropolitan Government, talked with the defendant that "humping," "humping," "humping," and that "humping," "humping," and caused harm to the victim.

Accordingly, the above victim gets off from the third floor to the parking lot of the upper floor, namely, 15cc away from the defendant's seat, and knife the knife with the knife, which is a deadly weapon inside the defendant's house, and knife the knife and knife the victim's body, and the victim was injured by the knife with a knife with a knife with a knife for about three weeks of treatment (10,12, and 21cc of the upper part).

Summary of Evidence

1. Defendant's legal statement;

1. Entry of each part of the protocol concerning the examination of the accused in the prosecution;

1. Statement by the prosecution concerning D;

1. Records of seizure and pictures of kackers owned by the suspect;

1. A written diagnosis of injury;

1. Application of statutes 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommending sentence] The sentence of sentence against the defendant is inevitable in light of the following: (a) there is no basic area (two to four years) (two to four years) of category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), and no agreement with the victim is reached, etc.

However, the facts constituting the crime of this case are recognized and reflected by the defendant, and the facts that the defendant seems to have caused the crime of this case by contingency while drinking, etc. shall be considered as favorable circumstances, and the age, character, conduct and behavior of the defendant are also considered.

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