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(영문) 서울남부지방법원 2014.07.16 2012고단1549
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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 April 19, 2012, at the entrance of the Dda Building located in Yeongdeungpo-gu Seoul Metropolitan Government on April 22:38, 2012, the Defendant left the beer disease, which was dangerous in front of the building, from the beer box, on the ground that the victim E (54 years of age) dda was sponsed with “dump” and spicker, which was a thing dangerous to the face of the victim who was continuously used on the floor, was collected several times.

As a result, the Defendant inflicted bodily injury on the victim, such as brain-dead, flasing, flasing, and flasing, which require approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence;

1. The scope of recommendations according to the sentencing criteria [type of crime] shall be limited to the range of punishment [special mitigation factors] of habitual injury, repeated injury, special injury (special mitigation factors], and the penalty not to be imposed (the scope of sentence of recommendation], and one year and six months through six months, respectively;

2. The crime of this case committed by the defendant with a deadly weapon, resulting in injury by getting off the victim's horse with the beer's wound, having been frequently ill, and causing injury to the victim. However, the crime of this case is committed by the defendant. However, the defendant, who led to the confession of the crime of this case, reflects his mistake while leading to the confession of the crime of this case, and the victim wanted to find out his wife against the defendant by agreement with the victim. The crime of this case seems to have been committed contingently, and there seems to have been no record of criminal punishment in the Republic of Korea, and all kinds of sentencing conditions, such as the defendant's age, character and behavior, environment, circumstances, means and result of the crime, etc., are imposed.

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