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(영문) 서울동부지방법원 2016.04.22 2015고단3682
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around September 27, 2015, the Defendant: (a) 11:30 on September 27, 2015, the mother of the Defendant of Songpa-gu C and 1 storyed with his family members of the Defendant in order to fluencate tin in the house of Songpa-gu Seoul and D; (b) on the ground that the Defendant’s flusium E (V, 48 years old) was flusent by the Defendant’s mother of the Defendant’s mother of the Defendant, the Defendant flusium flusium flusium of the victim’s left head, one time the Defendant was flusium of the Defendant’s flusium 700ml disease.

As a result, the Defendant damaged the victim's bodily integrity that requires treatment for about 21 days.

2. 상해 피고인은 제 1 항 기재 일시, 장소에서, 위와 같이 위 E를 술병으로 내리친 후 위 E의 아들인 피해자 F에게 제지 당하자 왼손으로 피해자의 목을 조르고, 오른손으로 피해자의 얼굴 부위를 주먹으로 수회 때리고, 발로 피해자의 오른 무릎 부위 등을 걷어찼다.

As a result, the Defendant got knee knee knee knee kne, etc. to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Photographss and field photographs of each injury of the F and E;

1. Application of Acts and subordinate statutes on criminal investigation reports (verification of the length of 700ml bottled, and appendix of photographs);

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The crimes are inferior, such as lowering the head of a punishment by an alcoholic beverage, which is a dangerous object at the end of the minor vision, and causing injuries to the police by him/her. The circumstances favorable to the victim’s strong punishment is led to confession by the defendant.

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