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Reasons
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(영문) 서울북부지방법원 2015.07.09 2015고단475
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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 January 18, 2015, at around 11:10, the Defendant, on the later side of the “Dongdoc Association” located in the Hongkro 5-gil 35, Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Dongdaemun-gu, Seoul, for the reason that the victim C (57 years of age) went to the Defendant’s Shackian, he/she is in a dispute.

The victim's left part can not be known to the victim with beer knife knife knife knife knife (17ccife knife knife 7ccife knife knife knife knife).

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. Application of the records of seizure and the list of seized articles, and Acts and subordinate statutes;

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. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Scope of Recommendation] : (a) In the mitigated area (one year and six months through two years and six months) (one year and six months) of habitual injury, repeated injury, and special injury [Special Mitigation] / [Pronouncement Decision] the Defendant has a record of having been sentenced to a fine of two million won as a crime of bodily injury around December 2002; (b) the Defendant recognized and reflects the instant crime; and (c) the victim’s injury appears to be relatively minor (a) the Defendant does not receive a written diagnosis, etc., even though knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k).

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