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(영문) 서울서부지방법원 2015.06.24 2015고단947
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 of the final judgment.

Reasons

Punishment of the crime

On March 18, 2015, the Defendant, at around 23:00, expressed three times the victim’s left shoulder part of Eunpyeong-gu Seoul apartment house No. 104 and 1002, and caused the Defendant’s self-harm by failing to grant equipment lease fees that he paid to the mar C (the 42 years of age) and his father for the reason that the mar would not give the mar, the mar, the mar, the victim’s mar, and the victim’s mar to the mar and the victim’s mar to the mar, the mar of the mar (the 18cc in length, 10.5m in daily length) that is a dangerous object on the mar, the victim’s mar to the mar, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the injured party is not subject to the punishment of the accused, and the fact that the accused is led to confession and reflects);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Reasons for the sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] the area to be mitigated (one year and six months to two years and six months);

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