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(영문) 서울중앙지방법원 2013.04.12 2012고단6546
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

At around 22:00 on November 7, 2012, the Defendant performed a de facto marital relationship with E, E-friendly job offering victim F (42 years of age, leisure) in the second room of the main store in Gwanak-gu, Seoul Special Metropolitan City, and the third floor, while the Defendant was doing a de facto marital relationship with E with the victim in relation to the fact that the victim did not pay the borrowed money from E, the Defendant went through a dispute with the victim, and frying the victim's head and left hand on one occasion with the shoulderer, which is a dangerous object, and flicker with the victim's head and left hand on five weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness F in the second protocol of the trial;

1. Statement made by the police officer on F;

1. Each description of each injury diagnosis letter;

1. Application of each video statute to field photographs and photographs of damaged parts of a victim;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (including favorable circumstances, etc. deemed to be the following reasons for sentencing)

1. Scope of the recommended sentence for the sentencing guidelines [type] group of violent crimes, repeated injury, special injury by habitual injury, and Type 1 [Scope of the recommended sentence] - 2 years of imprisonment and 4 years (basic area);

2. In light of the following: (a) the crime of this case by which the Defendant was sentenced to sentence: (b) the Defendant’s head, etc. of the victim due to a shouldered beer disease; (c) was inflicted an injury on the victim; and (d) the commission of the crime of this case was bad in light of the method of the crime; and (d) the degree and degree of the injury of the victim; and (e) did not agree with the victim; and (e) did not take any measures to recover the damage, the sentence against the Defendant is inevitable.

However, since 190, the defendant has no record of punishment heavier than suspended execution, and the defendant is somewhat contingent while drinking alcohol.

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