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(영문) 서울남부지방법원 2015.09.09 2014고단5055
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2014, the Defendant, at the “Eju store” located in Yeongdeungpo-gu Seoul, 02:25 on September 5, 2014, 02: (a) called the victim F and his male-friendly job offering victim G (26 years of age) who were drinking together, called the victim F and his male-child job offering victim G (25 years of age) on several occasions, called the victim F and the victim G (26 years of age) at the above head house; (b) the victim’s head was taken one time as a result of a mutual trial; (c) the victim’s face and body was taken several times; (d) the victim’s body was taken over by drinking, and (e) the victim G and the victim’s left knife, which is a dangerous thing surrounding the Defendant’s defect; and (e) the victim G puts the victim’s face and body back to the upper floor, and (e) the victim G and entered the victim’s left knife.

As a result, the Defendant inflicted two injury on the victim F, such as 14-day medical treatment, and inflicted injury on the victim G, such as the left-hand fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness F, G and H;

1. An injury diagnosis certificate and an injury diagnosis certificate (F);

1. Application of Acts and subordinate statutes concerning medical records and standing photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The conditions favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The crime of violation of the Act on the Punishment of Violences, etc. (Bodily Injury to Group, Deadly Weapons, etc.) on the sentencing guidelines shall be punished by imprisonment from one year to six months from one year to six months, and habitual injury, habitually injury, injury by repeated offense, special injury, etc.;

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