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(영문) 서울동부지방법원 2014.12.19 2014고단2703
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

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

Reasons

Criminal facts

On August 26, 2014, around 04:40 on August 26, 2014, the Defendant inflicted an injury on the victim E (the age of 28) on the ground that the victim E (the age of 28) criticizes China, a lighting state of the Defendant, and fried a beer disease, which is a dangerous object, resulting in an injury on the victim’s side by knife, resulting in an injury on the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each statement of F, G and H;

1. Application of Acts and subordinate statutes to photographs of victims;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation Punishment]: Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury and Special Bodi Bodi Bodily Injury) (Aggravated one year and six months through two years and six months) (Aggravated one year and six months): A person not subject to punishment [decision of sentence]: A person who is serious in light of the form of the instant crime, the degree of the injury, the risk of the means of the injury, etc., is disadvantageous to the defendant;

On the other hand, the fact that the defendant is recognized as committing the crime of this case and is against the defendant, is likely to lead to the crime of this case by contingent, the victim does not want the punishment of the defendant, there is no past record of criminal punishment in Korea, and the mother of the defendant seeks the wife of the defendant is favorable to the defendant.

In this context, all the conditions of sentencing, such as circumstances after crimes, age, character and conduct, family environment, etc. shall be comprehensively considered, and the punishment shall be determined as ordered in consideration of the recommended sentences according to the sentencing guidelines of the Supreme Court sentencing committee.

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