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(영문) 서울중앙지방법원 2015.05.28 2015고단2207
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is the employee of Jongno-gu Seoul Metropolitan Government apartment management office.

On April 8, 2015, at around 07:05, the Defendant sent the victim D (the 44 years of age), who is an employee of the same management office, who was in the same management office with no appraisal due to any problem of duty, etc. while working in the said C Apartment Disaster Prevention Office, and taken off the net value ( approximately 40cm in length), which is a dangerous object, in the tools inside the said disaster prevention office, and taken off the said net value from the victim immediately.

In order to prevent the knife by taking off the excessive (20cm in blade length) which is a dangerous object to take the knife into the left hand, the Defendant violated the victim’s right hand hand in the above course of taking the knife of the Defendant’s left hand by hand in order to prevent the knife, and caused the victim’s right hand over the knife and the knife of the knife, the Defendant carried the victim’s right hand hand over the knife of the knife of the knife., the Defendant carried the victim’s right hand hand over the knife of the knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of each photograph and written diagnosis of injury;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury: Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury), the mitigation area (one year and six months to two years), the punishment not (including particularly mitigated efforts to recover damage), or where considerable damage has been recovered (decision of sentence], the risk of each of the instant crimes is high.

However, it is a criminal act committed by contingency, and the defendant.

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