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(영문) 서울동부지방법원 2014.11.19 2014고단3000
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 of the final judgment.

Reasons

Punishment of the crime

On September 25, 2014, the Defendant: (a) around 07:10, the victim E (the 19-year-old) who had drinking alcohol, as the Defendant, was talked by telephone within the 11st unit of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu Danoporo 35, called that the Defendant would not take a bath to the Defendant; and (b) the Defendant was her head by gathering an empty baby, which is a dangerous object.

As a result, the defendant carried dangerous objects and carried them, thereby making it impossible to identify the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each statute on photographs;

1. Relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (not in the preceding sentence, and considering the agreed points, etc.);

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] The area of mitigation of type 1 (one year to June 2), the area of mitigation of type 1 (special mitigation) (one year to June 6), the area of mitigation of type 1] [Special Mitigation] (Decision on Sentence 1] (Decision on Sentence ] The degree of injury is not more severe, but more serious, and the victim does not want the punishment of the defendant, etc.;

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