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(영문) 서울남부지방법원 2014.08.19 2014고단2642
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant and the victim C(59 years of age) did not make a good appraisal on the grounds that the defendant disregards himself/herself.

On July 9, 2014, at around 12:20, the Defendant, at around 144, at the Docheon-ro, Yeongdeungpo-gu, Seoul, Docheon-ro, 144, brought about damage to the right-hand caner of the victim's right-hand buck, which is a deadly weapon that the victim had in advance at once with the victim's face on one occasion due to drinking, (39cm in total length, 26cm in length on one day).

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Each police seizure record and the list of seizure;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [Scope of Recommendation] The execution of a sentence indicated in the order shall be suspended by taking into account the various circumstances, such as the following: (a) type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi) (1 year and June, 2 year and June) in the mitigation area (1 year and June, 2 year and June), where the victim is fully responsible for the occurrence of a crime or the expansion of damage; (b) in the event that the victim is not subject to punishment (including serious efforts to recover damage) or considerable damage has been recovered; (c) while the victim has agreed to pay the victim KRW 40 million to the victim and agreed

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