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(영문) 서울남부지방법원 2014.10.28 2014고단3233
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

At around 21:40 on July 19, 2014, at the front of the National Bank of Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (a) on the street near the same day, and (b) on the street near the same day, the Defendant called, “C had a sexual intercourse with women's alumni at his graduation from Japan for two years before the same day”; (c) had a dispute upon receiving a claim from the victim C; and (d) had a 500c bec beer c beer, which is a dangerous thing cited in the above heading house; and (e) had the victim's face, caused the victim to suffer approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. A person who is not subject to special mitigation (one year and six months to two months) in the mitigated area (one year and six months) of subparagraph 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Injury) within the scope of the recommended sentencing guidelines, repeated injury, and special injury according to the recommended sentencing guidelines;

2. In full view of the circumstances leading to the decision of sentencing, the fact that the defendant does not want the punishment of the defendant by mutual consent with the victim, and other conditions of sentencing as shown in the records and arguments of this case, such as the age, character and conduct of the defendant, and circumstances after the crime, the suspension of execution of imprisonment within the scope of recommending sentence shall be sentenced.

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