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(영문) 서울북부지방법원 2015.07.21 2014고단4072
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

One ridge (No. 1) of seized trees, one stamper's disease, one strawer's disease.

Reasons

Punishment of the crime

On July 8, 2014, the Defendant: (a) around 02:30 on July 8, 2014, around Seongbuk-gu Seoul Seongbuk-gu, and (b) around 12, the victim C (the 45-year-old age) initially viewed in Seongbuk-gu, Seongbuk-gu, Seoul, suffered bodily injury, such as double side of the number of days of treatment, when considering the victim’s head, the Defendant saw the breath, a wooden bridge, a dangerous object in the vicinity of the boom, and the b

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Police seizure records;

1. Photographs;

1. Application of Acts and subordinate statutes to investigation reports (a relative investigation, etc. of doctors in an emergency department in an advanced hospital);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. [Scope of Recommendation] Minor injury in the mitigated area (one year and six months to two years) (one year and six months), of category 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Bodily Injury) (Special Mitigation) (Special Mitigation).

2. The crime of this case in which the sentence of sentence is to be pronounced is to be sentenced to imprisonment with prison labor for the defendant, on the grounds that the part of the victim's head when the victim's head was to be affected by a tree person who is dangerous to the defendant, and a small-scale disease, and the nature of the crime is bad, and it does not seem that the victim's head was to tear 5 cm.

However, the defendant recognized the crime, there is no history of punishment for the same kind other than twice a fine, the victim breathed first and breathed food waste bags on the wind where the victim was the defendant, and did not bear the degree of injury to the victim, and the defendant did not have the degree of injury to the victim, and the defendant has been living a homeless person in an unfasible environment without his parents (it has been punished several times due to defasible type). It is submitted instead of a reflective statement instead of the victim.

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