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(영문) 서울북부지방법원 2015.09.23 2015고단2314
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 8, 2015, the defendant around 11:57, in Seongbuk-gu Seoul, the defendant, around 11:57, in the case of Seongbuk-gu, Seongbuk-gu, Seoul for delivery of Chinese house, the trial expenses are punishment for the problem of refund of the victim D(37 years of age) and food costs, which is a dangerous object in the Gap's house, and put about about about 20 cent in the house and threaten the victim's face, which is a dangerous object in the Gap's house, and entered the victim's left hand.

As a result, the defendant carried dangerous objects with the victim, and brought an open room for the victim's left-hand side and the part of the left-hand hand in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of injury diagnosis certificates and photographs;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of applicable sentences under law: Imprisonment for one year and six months to fifteen years; and

2. Insignificant injuries in mitigation area (one year and six months to two years and six months) (one year and six months), reduction area (one year and six months), of subparagraph 1 (the scope of recommending punishment), habitual injury, repeated injury, and special injury by a person who has been habitually injured, repeated offense, and special injury;

3. The fact that the defendant who was sentenced to a sentence of punishment imposed a heavy weight on the nature of the crime of this case, which caused a person to display his body for the main purpose on the ground of minor trial expenses, and that the defendant had been punished by violence even before, however, many of the records of the crime of this case. However, the punishment as ordered shall be determined by taking into account all the sentencing factors indicated in the records of this case, including the fact that the victim's standing is not very serious, the defendant's confession and reflects, the circumstances and form of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, and

It is so decided as per Disposition for the above reasons.

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