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(영문) 서울동부지방법원 2015.11.18 2015고단2054
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 15, 2015, at around 13:15, the Defendant: (a) 13:15, before the “D cafeteria” located in Gangdong-gu Seoul Metropolitan Government, the Defendant was able to sit together to the table of the victim E (the age of 47) along with his/her daily operation; (b) as a matter of money with the victim in the past, the Defendant appraised the victim as a matter of money with his/her previous victim; and (c) as a matter of the right of the victim, he/she / she was able to see sofright, the Defendant / she was at the disposal of the victim’s head; and (d) / she was at the open body for

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Deficial photo of an injury;

1. Investigation report (to listen to the F phone statement of the stude);

1. Application of Acts and subordinate statutes of a medical certificate;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The following circumstances should be taken into account: (a) where a defendant intentionally commits an intentional injury with a victim in the mitigated area (one year and six months to two months) (a special mitigation) of category 1 (a habitual injury, repeated injury, and special injury) (a special mitigation) [a] of the mitigated area (a year and six months) (a special mitigation person] [a decision of a sentence] commits a crime by drinking with a victim in the instant instant manner; (b) the victim’s injury is not severe; (c) the defendant paid medical expenses; (d) the victim expressed his/her intention that the police does not want the punishment of the defendant; (d) the victim expressed his/her intention that he/she does not want to be punished; (e) there

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