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(영문) 서울중앙지방법원 2013.10.11 2013고단4422
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 January 30, 2013, at D office located in Jongno-gu Seoul Metropolitan Government on January 21:50, 2013, the Defendant laid down twice the victim’s right side hacks by the excessive (10cm in blade length) which is a deadly weapon in the main room while punishing the victim E (52 years of age) and the ditches, and then laid down the victim’s right side hacks one time, and laid down the victim’s right side hacks in the unclaimed number of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

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

1. On-site photographs;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and 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;

1. The grounds for the suspended sentence of two years for the sentence under Article 48 (1) 1 of the Confiscation Criminal Act [the area of punishment and territory: the area of mitigation of special injury (type 1): the person who has committed a crime by carrying a deadly weapon or other dangerous object] under the suspended sentence of two years for one year and six months [the grounds for suspended sentence for the suspended sentence of two years for one year and six months] [the area of mitigation of punishment for a victim: the person who has committed a crime by carrying a deadly weapon or other dangerous object] under the following circumstances favorable to the defendant, namely, (a) the victim did not want the punishment against the defendant, and (b) the defendant has made efforts to recover from damage (the defendant shall have agreed to pay 1.7 million won to the victim during the investigation process), (c) the first sentence of a contingent crime, and ③ the execution of the sentence against the defendant].

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