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(영문) 서울동부지방법원 2014.11.20 2014고단2797
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one and half years.

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

1. Around 05:30 on June 22, 2014, the Defendant violated the Punishment of Violence, etc. Act (a collective injury, etc.), at the home of the victim D (the age of 34) located in Songpa-gu Seoul, Songpa-gu, Seoul. Around 05:30, the Defendant took a horse dispute with the victim due to the Defendant’s pro-Japanese problem, and took the victim’s face and face from drinking and so on, took the victim’s face and body back due to drinking and launching, and took the victim’s head and going back with glass cup continued to be cooked, then bringing about the excessive (10cm in the length of the day), which is a dangerous thing in the kitchen, to throw off the victim’s face to the victim, and then, the period of treatment cannot be known when the victim’s face cannot be known by taking about about 10cm in the face of the victim.

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

2. The thief Defendant included one of the above dates and time, and the market value of the victim’s ownership, which the Defendant left as gift to the victim at the same place, as the victim’s gift, in a family room.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. A criminal investigation report (a photographic of the upper part and a field photograph);

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Article 329 of the Criminal Act concerning a crime;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the sentence recommended by the sentencing guidelines (determination of type) violent crimes. Special injury [Determination of the recommended area] mitigation area (non-compliance with punishment) [the scope of sentencing for recommendations] 1 and 6 months to 2 years and 6 months, recommendation according to the criteria for processing multiple crimes.

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