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(영문) 서울남부지방법원 2015.04.23 2015고단558
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A shall be punished by a fine of KRW 3,000,000, respectively.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to two years of imprisonment with prison labor for special larceny in the Daejeon District Court's Hongsung Branch on October 1, 2013, and the judgment was finalized on October 9, 2013, and on November 20, 2013, Defendant A was sentenced to one year of suspension of execution for two months of imprisonment with prison labor for a violation of the Military Service Act by the same court on November 20, 2013, and the said judgment became final and conclusive on November 28, 2013.

【Criminal Facts】

Defendant

A around June 29, 2014, around 17:00, at the highest level of the Daejeon Seocheon-dong, the injured party B (22 years of age) under the following conditions: (a) on the ground that the Defendant’s father’s car was not in front of the entrance of the victim’s car, the Defendant was at the time of the victim’s face at the time of drinking, and the victim’s bridge was unable to know during the treatment period, and the Defendant was at the time of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning B;

1. Medical certificates and photographs of preparation of a doctor;

1. Previous records: References to criminal records, investigation reports (including attachment to a suspect A's judgment, and court rulings) shall apply to statutes;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act include the victim's causes for the crime of this case, the degree of damage is relatively minor, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, and environment, and the punishment as ordered shall

It is so decided as per Disposition for the above reasons.

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