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(영문) 서울동부지방법원 2014.04.23 2014고단416
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

On January 24, 2014, at around 07:10 on January 24, 2014, the Defendant, at the Defendant’s house located in Gwangjin-gu Seoul Special Metropolitan City, had a dispute with the victim D (ma, 58 years of age) before the day before the Defendant’s house, and had a dangerous object in the room on the ground that he had a crypted, so the head of the victim was cut one time and the head of the victim could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

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. Reasons for the sentencing of Article 62(1) of the Criminal Act (decision of the type) for the suspended sentence under Article 62(1) of the Criminal Act (decision of the type) shall be taken into account such as habitual injury, repeated injury, and special injury (special person) habitually injured, repeated injury, and special injury (special person] - In the mitigated area [decision of the recommended area] a minor injury [decision of the recommended area] mitigation area [the scope of recommendation] [decision of the sentence] from June to two years and six months [the range of recommendation], the victim does not want the punishment of the defendant, the victim does not want such

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