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(영문) 서울동부지방법원 2016.02.18 2015고단2405
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 15, 2015, around 23:36, the Defendant inflicted an injury on the victim E (25 Does) with a fire extinguishing machine, which is a dangerous object for the reason of disregarding himself/herself in Songpa-gu Seoul, on July 15, 2015, on the part of the victim, and caused the victim’s shoulder at one time, and on the part of the victim, he/she suffered an injury, such as a fluoral salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A written statement;

1. A medical certificate of injury and a medical certificate;

1. Application of Acts and subordinate statutes concerning CDs (9, CCTV images) and text messages;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of all the sentencing factors indicated in the records, such as the crime of this case, the degree of damage, the defendant's age, occupation, sexual conduct, family relationship, and circumstances before and after the crime of this case for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the defendant, who determined the punishment, denies the fact that he/she did not assault the victim before confirming CCTV images from the court, and rather criticizes the victim, who wished to punish the victim on January 27, 2016. The degree of injury suffered by the victim on deposit of KRW 1.5 million on behalf of the victim on January 27, 2016, is not relatively heavy due to the catitis and scatulation for two weeks medical treatment, etc.

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