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(영문) 서울중앙지방법원 2015.04.23 2014고단8706
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 of the final judgment.

Reasons

Punishment of the crime

1. On October 5, 2014, the Defendant: (a) committed assault at D main points located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government C underground 1 floor, leading the victim’s face 20 meters away from the stage below the victim’s face by ppuri, knife, knife, and knife the victim’s hand at one time; and (b) by putting about 20 meters away from the victim’s left side.

2. Violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) was committed by the Defendant with the shoulder of the victim F (the 23 years of age), who told the Defendant at a temporary location under the above 1.1. The Defendant brought a bodily injury in which the head of the victim’s head can not be known to the victim, and the victim’s head cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to E and F;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act that selects a punishment, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. The reason for sentencing under Article 62-2 of the Criminal Act for probation and community service order is for the following crimes [the scope of recommending punishment] [the violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapon, etc.)] [the scope of recommending punishment] the mitigated area (1 year and six months to six months), the mitigated area (1 year and six months to six months), the person who is not subject to special mitigation] the second crime (a crime of violence) [the scope of recommending punishment] the scope of final sentencing due to the aggravation of multiple crimes in the basic area (2 to ten months), the basic area (2 to one month): From 16 months to 211 months [decision of sentence]. Each of the crimes of this case.

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