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(영문) 서울중앙지방법원 2015.03.19 2014고단9901
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 three years from the date of the final judgment.

Reasons

Punishment of the crime

On December 9, 2014, at around 08:05, the Defendant collected Raber (52 m in length), which is a dangerous object that was involved in the mechanical tools inside the mechanical room, while making a dispute with D(62 years of age) at the underground mechanical equipment room of the building located in Gwanak-gu in Seoul Special Metropolitan City. On December 9, 2014, the Defendant laid down Raber (52m in length) and laid down the head of the victim into the above Raber, and put the victim into two parts of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to medical certificates, dives photographs used for committing crimes, and photographs of injuries;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for the sentencing of Article 62-2(1) of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The mitigated area (including efforts to recover damage) of Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Bodily Injury, Special Bodily Injury) [Special Mitigation] (including one year and six months through two years and six months)] (the decision of sentence] Defendant committed the instant crime by using Raber, which is a dangerous object even though he/she had a record of being punished several times for violent crimes, such as assault and bodily injury.

Considering the length of Draber and the part and frequency of the defendant's price for the victim, the quality of the crime is not easy.

However, the facts that the defendant committed the crime of this case by contingently, the defendant agreed with the victim, the defendant is against the defendant, and the defendant does not have any criminal record exceeding the fine, etc. shall be considered and sentenced as the order.

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