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(영문) 서울서부지방법원 2014.08.13 2014고단1500
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 May 18, 2014, around 01:30 on May 18, 2014, the Defendant left the victim’s face one time with a small-scale illness, which is a dangerous object in the table table, within the scope of the five-lane 5-ro, Seodaemun-gu Seoul, Seocheon-gu, Seoul (Yancheon-dong) with the victim C (21 years of age) and living expenses.

As a result, the Defendant carried dangerous things with the victim, and inflicted a bodily injury on the part of the left side of the treatment days, such as tearing 5cm.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to investigation reports (victim C's status, etc.);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the mitigated area (one year and six months to two years), the mitigated area (one year and six months to six months), the penal penalty (including serious effort to recover damage), or considerable damage is recovered in accordance with the sentencing guidelines;

2. Although the nature of the crime of this case is not very good, such as unloading the victim's face from the main illness, which is an object dangerous to a sentencing decision, the punishment as ordered shall be determined by considering the following factors: (a) the defendant reflects the crime of this case; (b) the victim did not want to punish the defendant; (c) the victim agreed with the victim without wanting to punish the defendant; (d) the defendant has no special penalty power; and (e) the defendant's age

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