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(영문) 서울동부지방법원 2015.11.26 2015고단365
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

Punishment of the crime

On August 22, 2014, the Defendant, around 05:40 on August 22, 2014, prior to the public notice clinic managed by the Victim D (Age 46) located in Seongdong-gu Seoul Metropolitan Government, the Defendant, on the ground that the Defendant was out of the Republic

The fact that Cheong was made, but the part, such as the arms and shoulder of the victim, was set off on the plastic finite paper, which had been prepared in advance, which is a dangerous object.

In this respect, the Defendant carried dangerous objects and carried them for approximately two weeks of treatment on both sides, which require treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Subparagraph 1 of the seized evidence;

1. Application of the Acts and subordinate statutes governing body photographs;

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 suspended execution (i.e., the nature of the crime in light of the motive, background, and content of the crime in this case and the Defendant did not make efforts to recover from damage to the victim; however, the Defendant did not have any history of criminal punishment after 2003 and there was no criminal record exceeding the fine; the result of bodily injury from the crime in this case is not significant; and the Defendant’s statement on the motive of the crime in this case is difficult to view the Defendant’s mental state as normal in light of the following factors:

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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