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(영문) 서울동부지방법원 2016.09.23 2015고단2884
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On July 24, 2015, the Defendant was sentenced to a suspended sentence of six months for special larceny at the Seoul Eastern District Court, and the judgment became final and conclusive on August 1, 2015.

[2] On March 15, 2015, at around 01:30, the Defendant: (a) got the victim F (21) who was the victim F (3) of the Dong Ne-ray in Songpa-gu Seoul, Songpa-gu, and the Defendant’s former female-friendly address issues; (b) got the victim’s head into the floor once due to dangerous things, and had the victim take knee in the floor; (c) continued to put the victim’s kne face in drinking; and (d) continued to put the victim’s knee in assault from the victim G (21 years of age); and (c) caused the victim’s knee fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe

Accordingly, the Defendant, carrying dangerous things, assaults the Victim F, and inflicted an injury on the Victim G.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning the examination of each police in relation to F and G;

1. Statement made by the police with H;

1. A written diagnosis of injury;

1. A photograph of the injured part, a photograph;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history, etc. as the suspect);

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special assault and choice of imprisonment with labor) concerning facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following conditions favorable to the sentencing in light of the circumstances in which the sentencing is deemed to be flexible): The defendant left the head of F as a major soldier and prevented him/her from assault;

G’s bridge is prone to the so-called so-called so-called “deed situation” in which the nature of the crime is unfeasible: The defendant confessions and reflects a part of the crime.

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