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(영문) 서울중앙지방법원 2014.12.11 2014고단8152
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 25, 2014, at around 00:20 on June 25, 2014, the Defendant: (a) 1: (b) 20, 2014, the Defendant: (c) 1: (d) 1:3; (d) 4; and (d) 1; and (e) 4; and (d) 1; and (d) 1; and (e) 1; and (e) 2; and (e) 4; and (e) 1; and (e) 2; and (e) 2; and (e) 2; and (e) 3; and (e) 3; and (e) 3; and (e) 4

2. A violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) committed an injury to the victim in an unexplosion in the number of days of treatment by taking care of the victim's head and face as a plastic chair when the victim's head and face part of the victim's cell ( approximately 1m 50cm in length) are met, which are dangerous goods in the victim F (year 41) and Si/Gun/Ku attached thereto, at the above time and place.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D, G, and F;

1. A damaged ruptures and photographs of ruptures;

1. Suspect F photographs;

1. Application of Acts and subordinate statutes on the part of the F counterpart photo;

1. Relevant Article of the Criminal Act, Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of inflicting bodily injury on carrying dangerous articles);

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 (see, e.g., circumstances, etc. described in the following sentencing grounds):

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (Consideration of the above circumstances);

1. The range of recommendation [the range of recommendation] of a crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a collective injury, deadly Injury, etc.) to which the sentencing guidelines apply, the scope of punishment [the range of recommendation] of habitual injury, repeated crime injury, and special injury (a repeated injury, repeated crime injury, and special injury) in the mitigation area (one to two years and six months) (a person subject to special mitigation] of punishment not (including a serious effort to recover damage) or considerable damage.

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