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(영문) 서울북부지방법원 2014.09.26 2014고단880
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On April 2, 2014, at around 17:05, the Defendant, at around 17:05, performed drinking at the house of the victim D (the age of 41) of the 1st underground floor in Dobong-gu Seoul Metropolitan Government, on the ground that drinking is bad, and was an empty smaller who is a dangerous object, and was in need of a medical treatment for about 14 days to the victim by considering the face of the victim once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Photographs on the occurrence site;

1. Application of the Acts and subordinate statutes on the diagnosis certificate of injury, and the body fix photographs of victims;

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. The reason for sentencing under Articles 53 and 55(1)3(3) of the Criminal Act for discretionary mitigation is that the crime of this case was committed by the defendant with an injury in consideration of the victim’s face with a major injury, which is a dangerous article, and the nature of the crime is not good, and according to the injury photograph, etc., the degree of injury is not easy, and the agreement with the victim or the damage recovery was not made.

In addition, the punishment as ordered shall be determined by taking into consideration the following circumstances, such as the defendant's confession of the crime of this case, the fact that there is no record other than twice a fine, the background of the crime of this case, the age, character and conduct of the defendant, and the environment.

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