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(영문) 서울중앙지방법원 2013.11.13 2013고단5156
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

[Criminal facts of the case in 2013 Godan5156] On June 15, 2013, the Defendant heard from the victim D (the age of 57) (the age of 57) in front of the Dongjak-gu Seoul Metropolitan Government C apartment store, that “the Defendant is going to the new wall to the new wall.” The Defendant saw the victim’s head to the empty bottle, which is a dangerous object that had been located there, so far as possible, so that the head of the victim can be cut up to one time, and 2 weeks inside the inner area of the two week.

(2) On June 11, 2013, the Defendant, around 12:30 on June 11, 2013, sold the victim’s face on one occasion with an empty disease, which is a dangerous thing in the place where the victim’s face was in dispute with the victim E (the age of 63) in front of the Dongjak-gu Seoul apartment sperm, and caused the victim’s brain by taking advantage of the body and left side of the victim’s body, and by taking advantage of the large tree bar (1m in length) that is a dangerous thing in the surrounding surroundings, the Defendant sold the victim’s face to the victim for about two weeks of medical treatment.

Summary of Evidence

【Criminal facts in the Case of Height 5156】

1. Partial statement on the second trial date of the defendant; and

1. Statement of the police statement about D and the photograph of damaged part thereof;

1. An investigation report (Attachment of a medical certificate for injury) and a medical certificate for injury;

1. On-site exit reports and photographs of victims;

1. Photographs of a shoulder-sicker's disease (criminal facts of the 2013 Highest 6211 case)

1. Partial statement on the second trial date of the defendant; and

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. On-site movement reports and photographs of victims (influence side and trees);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The suspended sentence of Article 62(1) of the Criminal Act is set out in the sentencing guidelines from 1 year and 6 months to 22 years and 3 months from the date of imprisonment with prison labor.

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