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(영문) 서울북부지방법원 2015.07.08 2015고단659
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

A seized grandchild (No. 1) shall be forfeited from the accused.

Reasons

Punishment of the crime

On February 23, 2015, at around 19:55, the Defendant: (a) performed an act of drinking “F” in the trade name of “F” operated by the victim E (n, 56 years of age) in Gangnam-gu Seoul Metropolitan Government; (b) on the ground that the Defendant, under the influence of alcohol, she knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-ket (total length: 37cm, day length: 9cm) with the head

피고인은 위와 같이 위험한 물건을 휴대하여 피해자를 폭행하여 피해자에게 약 3주간의 치료가 필요한 무릎뼈 인대(힘줄)의 손상 등의 상해를 가하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. A photograph, etc. of the victim of the crime tools, and a photograph of damaged victim;

1. Application of Acts and subordinate statutes of the injury diagnosis 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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the degree of injury is insignificant, etc.);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: From one year and six months to fifteen years;

2. Insignificant injuries in mitigation area (one year and six months to two years and six months) (one year and six months), reduction area (one year and six months) of sentencing guidelines (the scope of recommending punishment] (the scope of recommending punishment), habitual injury, repeated injury, special injury by a repeated offender, and one special injury by a repeated offender;

3. The crime of this case in which the defendant committed the crime of this case, which is a dangerous object, is deemed to have been injured by the victim by committing an assault, such as affixing knee, displaying knee, etc., which is a dangerous object, and the nature of the crime is grave. Nevertheless, the defendant denies the crime, and does not seem to light the reflect, while the defendant is unable to memory at the time of the crime.

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