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(영문) 서울남부지방법원 2015.07.29 2015고단2444
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:40 on May 18, 2015, the Defendant sent a victim E (25 years of age) known to China in the Chinese heart at one room located in Yeongdeungpo-gu Seoul Metropolitan Government on May 18, 2015, and returned to the above singing with a knife (19.5cm in total, 19.5cm in length and 9.5cm in length in a knife).

The Defendant continued to enter the above singing room 1, as seen above, purchased in advance and then cut the knife, which is a deadly weapon in the back part of the Defendant’s knife, and entered the above room once, and put the victim’s left side knife knife into the right knife (breadth 4 cm, depth 10 cm) that requires approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police;

1. A written statement;

1. Each photograph;

1. Application of Acts and subordinate statutes of a medical 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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury [Special Mitigation] type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Bodily Injury] (1 year and June 2), the mitigation area (1 year and June 6), the mitigation area (including efforts to recover damage), or considerable damage (a decision on a sentence] where the victim is paid damage from the defendant and does not want the punishment of the defendant by mutual consent with the defendant [decision on a sentence], the defendant does not have any criminal power other than domestic fines, and the defendant appears to have committed the crime of this case by contingency, and the defendant appears to have recognized and reflected the fact of the crime of this case, and other crimes of this case.

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