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(영문) 서울남부지방법원 2015.04.17 2015고단608
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 became final and conclusive.

Reasons

Punishment of the crime

At around 12:00 on February 23, 2015, the Defendant: (a) had a dispute between the victim E (the age of 49) and the victim’s drinking in Geumcheon-gu Seoul Metropolitan Government as a matter of borrowing money from the Defendant; (b) had a small-scale disease, which is a dangerous object on his/her customer, caused the victim’s right head at one time to the right part of the victim; and (c) had a part of the right part of the victim’s play, the number of days of treatment of which is unknown to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. On-site reports;

1. Photographs of the victim;

1. Investigation report ( telephone conversations between a victim and a third party investigation);

1. Application of Acts and subordinate statutes to a witness’sF telephone statement hearing report;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act in the suspension of execution [Scope of recommending punishment] Article 62 (1) of the Criminal Act; consideration, such as the fact that the victim does not want the punishment of the defendant (decision of sentencing] and the fact that the defendant has only one criminal record of a fine for the latest 15 years, in the mitigated area (one year and June through two years and six months);

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