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(영문) 서울중앙지방법원 2015.01.16 2014고단8695
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2014, the Defendant: (a) around 00:25, on the road of “D” drinking house located in Dongjak-gu Seoul Metropolitan Government, the Defendant collected the cost of “D’s prior to E’s drinking house, i.e., “I have received a prior test personnel, according to home education.” However, the Defendant entered the foregoing drinking house, and went into the drinking house, and she was a small-scale disease, which is a product dangerous to the back of the Victim F (16 years of age) of E, and caused two weeks to undergo a two-time medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of the E, F, and G;

1. A H statement;

1. A written diagnosis of injury;

1. A damaged photograph;

1. Application of Acts and subordinate statutes on report of occurrence;

1. Articles 3 (1), 2 (1) and 3 (1) and 257 (1) of the Criminal Act concerning the Punishment of Violences, etc. Act concerning facts constituting an offense (the point of inflicting an injury on a dangerous object);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] is that there is no basic area (two to four years) (two or more years) of category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) [Determination of sentence] of the defendant is against the defendant, the degree of damage of this case, the victim wants to be punished, and the fact that the defendant

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