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(영문) 서울서부지방법원 2015.10.13 2015고단1974
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

On July 8, 2015, at around 22:20:20, the Defendant, in front of the resting area of “D” in Mapo-gu Seoul Metropolitan Government, 4 years of age, including the victim E (the age of 47) and the Defendant had a dispute with four years of drinking in front of the resting area of the family in Mapo-gu. The Defendant, on the ground that the victim was kidd, and the victim was deprived of the number of days of treatment in which the victim’s left-hand side of the victim was 500c c bed and dangerous to the victim on the ground that the victim was kid and the Defendant was prevented.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Photographs of the criminal tools, and photographs of victims;

1. Investigation reports and the application of Acts and subordinate statutes to investigative reports ( telephone conversationss);

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act: Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (one year to two months) in the mitigated area (one year and half years); the decision of sentence does not want the punishment of the defendant; the defendant recognized a mistake and divided the defendant; the defendant has no record of punishment for the same kind of crime since 190; and the sentencing conditions shown in the records, such as the background of the crime in this case, circumstances after the crime, the defendant's age

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