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(영문) 서울남부지방법원 2015.04.23 2015고단603
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On January 11, 2015, at around 02:10, the Defendant thought that, on the grounds of the fact that the cancellation of talking with their friendships is slicking around the 12-way 14, the Do Forest basin located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu 144, the Defendant opened a restaurant that is next to the road and opened it. The Defendant considered the victim C (31 years of age), the victim D (31 years of age), and the victim D (31 years of age) as being punished for Si expenses, such as enhancing the sensity and smugglinging the shoulder.

On the other hand, the defendant continued to put in the main knick, which is a dangerous object located in the above restaurant cafeteria, and put in the main knife with approximately 10cm in length and about 15cm in total length, and put the victims in the knife with the knife again, and put the victims into the knife of the above excessive portion, and reached a knife with the victim C's left shoulder one time, one time in part of the part of the victim D's knife, and two times in depth from about 10cm in length, respectively.

As a result, the defendant carried dangerous articles and carried them for about two weeks to the victim C, and the victim D with the clothes in need of treatment for about two weeks, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to medical certificates and injury medical certificates;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Scope of recommendations: Two to four years in the basic field of violence (special injury) category 1; and

2. Special persons who have been sentenced to punishment: From September to February, 200, repeatedly reduced according to the mitigation factors;

3. Handling multiple crimes: Other victims;

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