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(영문) 서울동부지방법원 2015.05.21 2015고단285
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

[2015 Highest 285] On November 5, 2014, the Defendant: (a) around 03:40 on November 5, 2014, when the victim E (the age of 18) drinks alcohol together with F that was a woman-friendly Gu of the Defendant; and (b) when the victim collected an empty baby, beer disease, beer disease, and beer disease, which is a dangerous object inside the said drinking house parking lot, and 4 times the head part of the victim’s head was fright up to the victim’s face.

As a result, the defendant carried dangerous articles with the victim about 2 weeks of medical treatment, and the victim's multiple diversities, diagnosis, etc. were conducted.

[2015 Height918] Around 06:50 on January 17, 2015, the Defendant driven a Gskman car without a car driver’s license from around 2 km section from the entrance road of the flood room in Songpa-gu Seoul, Songpa-gu to the same 9-15th road.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Registers of driver's licenses;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Article 3 (1) and Article 2 (1) 3 (a) of the Punishment of Violences, etc. Act (in the case of bodily injury resulting from carrying dangerous articles), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession, reflective attitude, degree of damage, agreement with the victim, age of the defendant, etc.);

1. The reason for sentencing under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act ( considered as grounds for discretionary mitigation and the reasons for sentencing) is that the defendant has been subject to juvenile protective disposition (including 9 disposition) over 13 times due to special larceny, violation of the Road Traffic Act (unlicensed driving) and acquisition of stolen goods, etc., and the recent years, there is a punishment of a fine on two occasions by fraud, etc., and a high school has already been completed and approximately three months thereafter.

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