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(영문) 서울남부지방법원 2015.08.21 2015고단2481
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

The defendant is a ship of Chinese nationality, and is a space between the defendant and the defendant working and known as the victim C (the 34 years of age).

At around 11:00 on June 14, 2015, the Defendant: (a) on a restaurant of “E” located in Gangseo-gu Seoul Metropolitan Government D; (b) on the ground that the victim and three male citizens who were first on the day are bad, and (c) on the ground that the victim was bad, the victim was frighted, and (d) on the ground that the victim was frighted, the Defendant was injured by two young children in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A trace of an injury;

1. Application of Acts and subordinate statutes to investigation reports (in relation to the attachment, etc. of CD screen pictures);

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. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The mitigation area of habitual injury, repeated crime injury, special injury (Habitual injury, repeated crime injury, special injury) [1.6-2] the mitigation area (1.6 to 2.6 months] or where considerable damage is recovered [2] the decision of sentence is not good in light of the applicable law and content of the crime of this case, the injury part and its degree, but it is not good that the defendant is committed against the confession of the crime of this case; the defendant has no record of crime; the victim does not have any record of punishment against the defendant; the victim does not want punishment in consultation with the victim; the defendant's age, character and behavior, environment, circumstances of the crime, circumstances after the crime of this case and all the conditions of the sentencing specified in the records and arguments of this case, including the records and arguments of this case.

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