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(영문) 서울북부지방법원 2016.04.27 2015고단1243
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

At around 17:00 on November 27, 2014, the Defendant inflicted an injury on the victim D(58) in Jung-gu Seoul Metropolitan Government, on the part of the victim D(58), on the ground that the victim did not pay the difference between the victim and the victim, which was a dangerous object on the floor, due to booming the head of the victim, and caused the victim's injury by booming booming the head of the victim, which was a dangerous object, due to booming the part of the victim's disease.

Summary of Evidence

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on diagnosis of an injury and photographs of an injury inflicted on a victim;

1. Grounds for sentencing under Articles 258-2, 258-1, and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Scope of applicable sentences under law: Imprisonment with labor for one year to ten years;

2. The sentencing guidelines established with respect to the instant crime are based on Articles 3(2) and 1(1)3 of the former Punishment of Violences Act. In accordance with the above sentencing guidelines, the scope of the recommended punishment with respect to the instant crime is from two years to four years (in the case of habitual injury, repeated injury, special injury, and special injury) (two to four years). There is no person who has to be a special sentencing). As to the foregoing Act, the Constitutional Court’s decision of unconstitutionality was made, and the statutory punishment for the special injury, which was applied to the instant crime, is lower than the statutory punishment prescribed in the above Act, and the above circumstances are also considered in determining the punishment.

The punishment as per the order shall be determined by taking into consideration all the circumstances, such as the fact that the defendant, without any particular reason, assaults the victim with a ratio of the damage, the damage has not been recovered, and the service of public disclosure is progress due to the uncertainty of the defendant's whereabouts.

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