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(영문) 서울중앙지방법원 2015.02.12 2014고단9588
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

From around November 2013, the Defendant 201 had been living together with the victim C (nive, 28 years of age) since around May 2014, and had been living together with the victim’s house.

From 09:00 to 10:00 on December 4, 2014, the Defendant inflicted injury on the victim’s home located in Gangnam-gu Seoul Metropolitan Government D, on the ground that the victim returned home late, on the ground that the victim returned home, the victim’s face and chests are emitted from the victim’s face and chests in several times, and the victim’s hair and chests are cut off to the victim’s face and chests, and the victim’s hair, which is a dangerous object, has been cut off in front of the victim, with 10 times the head of the victim’s head cut off about 5 weeks, and caused the victim’s head to be taken about 5 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Seizure records;

1. Stop photographs and damaged photographs;

1. Investigative report (victim status and protocol of statement);

1. Application of the statutes governing the recording of statements by 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommending punishment] 2 to 4 years (where a person who suffers damage is specially mitigated, "where he/she has a considerable responsibility for the occurrence of a crime," "serious injury" to a special person / [determination of sentence] that the defendant is recognized as a substitute for his/her act and reflects the fact that he/she is recognized as a substitute for his/her act, an unforeseen growth background, the defendant living together with the victim, and the fact that the victim was returned later than ordinary times, and that he/she reached the crime of this case shall be considered as favorable.

However, the defendant is likely to remain due to the following facts: (a) the victim was dissatisfed in advance before returning home; and (b) the victim went out to the crime of this case; (c) the risk of the behavior pattern is high; and (d) the victim's injury level and degree is likely to remain.

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