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(영문) 서울동부지방법원 2015.01.29 2014고단2316
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one and half years.

However, 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

On July 9, 2014, at around 11:30, the Defendant laid away a fluorial fluordial c from the victim E (the age of 55) who was engaged in environmental mination work, and laid down a glusium, which is a dangerous object possessed by the victim, stating that he would be dead.

Accordingly, in order for the victim to take a frighten and take the frightway from the defendant, the victim put the hand of the defendant, and the defendant had the victim go against the chest part of the victim and the right finger hand in the process of taking the fright so as not to take the fright, etc.

As a result, the defendant carried dangerous things and carried them about two weeks to give medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Seizure record and list;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, and 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. Scope of the sentence recommended by the sentencing guidelines (determination of types), violent crimes. Special injury [Determination of the recommended area] mitigated area (a minor injury] (a mitigated area), six months to two years and six months;

2. The punishment as ordered shall be determined by comprehensively taking into account all the circumstances revealed in pleadings, such as the accused’s confession, the fact that there is no history of criminal punishment prior to the instant case, the injury of the victim is not serious, and the age, character, conduct, occupation, intelligence and environment of the accused, motive and background of the crime, means and method of the crime, circumstances after the crime, etc.

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