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(영문) 서울남부지방법원 2015.08.12 2013고단4280
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

At the entrance of the 1st floor E of the Seoul Guro-gu Seoul Metropolitan Government DD Building, the Defendant, on the ground that a drunk from the victim was refused to enter the house on the ground that he was unable to enter the house. The Defendant was able to influorize the victim’s breath by cutting off the breath by pushing the breath of the victim’s body and cutting off the victim’s face into the floor, making the victim’s face breath of the victim’s body, and making the victim’s head a breath of his own material, which is a dangerous object, and inflicted an injury such as the right breath, etc.,

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Photographs of each victim;

1. Kaviter Ctv video cd;

1. On-site photographs;

1. Application of Acts and subordinate statutes to prosecution documents (victim C's general medical certificate);

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The conditions favorable to the following reasons for sentencing):

1. Reasons for sentencing under Articles 32 (1) and (2), and 25 (3) 3 of the Act on Special Cases concerning the Rejection of Action, etc. of Application for Compensation (the scope of liability for compensation is not clear);

1. Two to four years (the basic area, including the group of violent crimes, habitual injury, repeated injury, special injury, first category (Habitual injury, repeated injury, special injury), and basic area) of imprisonment with prison labor on the sentencing guidelines;

2. Although the Defendant, who was sentenced to a sentence of imprisonment for a crime of violence, etc. in the past, committed the instant crime, and the attitude of the crime is considerably dangerous, and the degree of injury suffered by the victim cannot be deemed to be mitigated.

The defendant has not yet been able to recover from damage yet, and the victim has tried to punish the defendant with severe punishment.

It is inevitable to declare a severe sentence against the defendant.

The defendant has committed the crime of this case by contingency, recognized the mistake and divided it.

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