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(영문) 서울중앙지방법원 2015.06.26 2015고단2951
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 15, 2015, the defendant around 04:15, at the defendant's house located in Gangnam-gu Seoul and 102, said victim D (here, 22 years of age) who is a female living together with the defendant's house in Gangnam-gu Seoul and 102 drinking much alcohol, she breath, and her head was found to have been frighted, and her face, shoulder, etc. was 7 times at the above victim's face and shoulder, etc.

Accordingly, the victim D, the defendant, at the F convenience point in Gangnam-gu Seoul, she driven away from the victim D, tried to see the victim G head at around four times by the victim D head, etc., and the convenience store employee G (the age of 31) prevented the defendant, and the victim G (the age of 31) tried to put the victim G head, etc. at one time by the convenience store in Seoul.

As a result, the defendant carried dangerous objects and inflicted an injury on the victim D due to the face, shoulder, hand, etc., and assaulted the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written statement of G and D;

1. Each photograph;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act (the occupation of assaulting carrying a dangerous object);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration, such as the cases in which he/she repents wrongs, the victims, and the cases in which he/she agreed smoothly with the victims);

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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