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(영문) 서울북부지방법원 2013.05.03 2012고단2856
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

At around 05:30 on August 3, 2012, the Defendant: (a) returned the F, which was a dangerous object cited by the victim E (the Defendant 47 years of age), to the house, and (b) returned the full number of the victims who were in dispute with the Defendant; (c) 500CC C, which was a dangerous object cited by the victim E (the Defendant 47 years of age), and (d) took once the full number of the victims who were in dispute with the Japanese fishing vessel, and (e) took part of the victim’s face and fluence, which was a dangerous object on the teb, with the victim’s use, 50CC C, and 500CC C, which was a dangerous object on the teb.

As a result, the defendant injured the victim by the second government in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement concerning E;

1. A copy of an injury diagnosis certificate, and the application of statutes governing victim photographs;

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. The punishment against the defendant shall be mitigated by taking into account the following factors: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [type of crime]; (b) the basic area of crime group; (c) habitual injury, repeated injury, special injury, and Type 1 [Scope of Recommendation]; (d) the two-year imprisonment with prison labor for two years or more; (c) the defendant appears to have committed the instant crime by cultivating alcohol in a timely manner while drinking; (d) 8 million won is paid as compensation for damage; and (e) deposit KRW 2 million is made as compensation for damage; (e) the criminal act in this case is divided; and (e) there is no record of criminal punishment heavier than a suspended sentence.

다만 피해자가 얼굴과 머리 부분의 상처 봉합을 위하여 100바늘 이상 꿰메고, 추후 성형외과적 시술이 필요할 정도로 중한 상해를 입힌 점, 그럼에도 실질적인 피해회복이 이루어지지 않은 점 등을 고려할 때 피고인에 대하여 실형선고가 불가피하다.

The age, character and conduct, environment, and environment of the defendant.

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