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(영문) 서울남부지방법원 2014.06.18 2014고단1635
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 12, 2014, at the D main points located in Yeongdeungpo-gu Seoul Metropolitan Government on May 21:50, 2014, the Defendant saw the disturbance from the D main points located in Yeongdeungpo-gu, Seoul, to be prevented from the victim E (the age of 59). The Defendant saw the victim's entrance skill once as the victim E, and put the victim's left shoulder on the left side side of the treatment days to the victim once.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the police concerning E and F (victims and witnesses);

1. Application of the Acts and subordinate statutes governing the extension of bodily injury;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence;

1. The scope of recommendations according to the sentencing criteria [type of crime] shall be limited to the range of punishment [special mitigation factors] of habitual injury, repeated injury, special injury (special mitigation factors], and the penalty not to be imposed (the scope of sentence of recommendation], and one year and six months through six months, respectively;

2. The crime of this case, which is determined to be sentenced, is committed by the Defendant with a shoulder beer who is a deadly weapon and thereby inflicting a wound on the victim, and is in the nature of the crime. However, considering the following circumstances: (a) the Defendant led to his confession of the crime of this case and reflects his mistake; (b) the victim does not want the punishment against the defendant; (c) the Defendant appears to have committed the crime of this case by unanimous agreement with the victim; (d) the Defendant was living under detention for about one month due to the crime of this case; (c) the Defendant has no record of criminal punishment heavier than the suspension of qualification, except for the suspended sentence once every 30 years; and (d) the Defendant has no record of criminal punishment heavier than the suspension of qualification, such as the Defendant’s age, character and behavior, environment, background, means and consequence of the crime

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