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(영문) 서울중앙지방법원 2013.10.29 2013고단4373
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of 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

At around 12:10 on May 15, 2013, the Defendant: (a) was unable to receive the construction cost of smoking room in front of the front door of the Seocho-gu Seoul Metropolitan Government C building; (b) was made one time at the hack pipe, which is a dangerous object of the victim D (ma, 33 years old); (c) was placed in a yellow signboard installed at that place; and (d) was made several times at a yellow board, and the Defendant was able to ask the victim's arms against it for about two weeks in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. E statements;

1. On-site reports;

1. Photographs;

1. Application of Acts and subordinate statutes to report on investigation (Submission of suspect DNA diagnosis certificates);

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. Where the reason for sentencing under Article 62-2 of the Criminal Act of the community service order (determination of a type): (a) habitual injury, repeated injury, and special injury (special person) habitually injured, repeated crime, and special injury (including a serious effort to recover damage) which is minor mitigation element; (b) decision on the area of special mitigation [decision on the area of recommendation] 9 to 2 months [the scope of recommendation] - Decision on the area of special mitigation [the range of general persons] - Application of the applicable provisions of Acts: Three years to 3 years: Decision on the statutory aggravated and mitigated range of punishment: 30 years [whether a sentence of imprisonment is suspended] - Where a person commits a crime by a negative organization or multiple force, deadly weapons, or other dangerous articles, or where a person commits a crime by carrying a deadly weapon or other dangerous articles, there is no positive effort to recover the amount of minor injury (decision on the area of recommendation].

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