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(영문) 서울중앙지방법원 2013.12.13 2013고단6114
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 15, 2013, the Defendant: (a) around 08:0, at the hospital construction site located in Kimpo-si, Kimpo-si, Kimpo-si; (b) reported that the victim D (33 years of age) who worked together laid down construction materials, and expressed a desire to do so; (c) the victim called “AC”; and (d) the victim returned to “AC”; (c) the one name “Skart” (1m, building materials of c-type metal material), which is a dangerous object, collected the victim’s shoulder in quantity; (d) 4:5 times the shoulder and head part of the victim’s shoulder; and (e) laid down the victim’s shoulder and head part of the victim’s 10-day medical treatment.

Summary of Evidence

1. Partial statement of the defendant (limited to a dispute over the part concerning the criminal implements);

1. Each prosecutor's protocol of suspect examination of the accused (including D's statement);

1. Each police statement made to D and E;

1. A written diagnosis of injury;

1. A criminal investigation report (Attachment of victim clinical sets and hearing of related statements) by the prosecution, and clinical motor vehicles;

1. Application of Acts and subordinate statutes to investigation reports by the prosecution (report attached, such as 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (limited to the fact that a person has been punished for the same kind of crime and has inflicted an important injury on the victim, but it is recognized that the victim has paid a maximum of 15 million won and agreed to do so, and it is against the victim, etc.);

1. 보호관찰 및 사회봉사명령 형법 제62조의2, 보호관찰 등에 관한 법률 제59조 양형의 이유 [유형의 결정] 폭력범죄, 상습상해ㆍ누범상해ㆍ특수상해, 제1유형(상습상해ㆍ누범상해ㆍ특수상해) [특별양형인자] - 감경요소: 처벌불원 [권고형의 범위] 징역 1년 6월 ∽ 징역 2년 6월(감경영역)

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