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(영문) 서울동부지방법원 2015.09.10 2015고단1090
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 17, 2015, at around 23:00, the Defendant: (a) was damaged by the Defendant’s card while working in Gangdong-gu Seoul Metropolitan Government Dmomocom 705; (b) the Defendant’s father was frightened from the victim that the Defendant’s father was frighted to his body and her face and head; (c) he saw the victim’s face and head’s body on the floor; (d) took the victim’s body on the floor; (e) took the victim’s body on the floor; and (e) took the victim’s hair lease, which is a dangerous object, took several times with the victim’s hair.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as an internal flag, which requires treatment for about three weeks, the inner flag, etc. in need of treatment for about three weeks, and the Defendant inflicted injury on the left high flag in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Each police statement of E;

1. Each medical certificate, or each medical record duplicate certificate;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing criteria [Scope of Recommendation] Type I (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Bodily Injury) (2 to four years) basic area (2 to four years) of habitual injury;

2. The crime of this case committed by the Defendant with a sentence of sentence is an unfavorable circumstance to the Defendant that the Defendant committed an injury to the telegraph, including high-frequency and sacrife and safry, by assaulting the victim who was female friendly, thereby causing an injury to the telegraph.

However, the fact that the defendant recognized his mistake and agreed with the victim, that is the primary offender, that the victim wanted the wife, and the age of the defendant.

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