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(영문) 서울동부지방법원 2015.08.21 2015고단1636
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 25, 2015, at around 14:30, the Defendant inflicted injury on the victim’s left face in Seongdong-gu Seoul, Seongdong-gu, Seoul, on the ground that the victim E (here, 45 years of age) was in a trial with the victim on the ground that the victim E (here and 45 years of age) took a check, and caused the victim’s loss, such as a event, where it is difficult to identify the number of days of treatment on the left side of the face of the victim, by cutting the victim’s head.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of the provisions of Acts and subordinate statutes to photographs of a shouldered small-scale disease photograph, and a part of the victim's injury;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The mitigated area (1 year and six months to six months) of the mitigation area (1 year and six months of the repeated injury, repeated injury, and special injury) [1 year and six years and six months] of the mitigated area (1 year and six months of the sentence] [2] The crime of this case is deemed to inflict an injury on the face of a victim by taking the head of a victim out due to an empty illness, and it is not good that the crime of this case is committed. However, the crime of this case is recognized and against the defendant, the defendant is recognized and against the crime of this case; the defendant does not want the punishment of the defendant; the defendant is punished twice by a fine (1.5 million won, two million won) due to the crime of injury; the defendant has no other criminal record of being punished; the defendant's age, character and conduct, family relation, the circumstances and progress of the crime, etc. after the crime, and all the sentencing guidelines specified in the sentencing guidelines, and the order of this case shall be determined in the same sentence.

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