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(영문) 서울동부지방법원 2015.09.03 2014고단2084
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around June 14, 2014, around 07:30 on June 14, 2014, the Defendant was in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) with the victim’s face, on the ground that the victim E (ma, 22 years of age) was not in mind at the main point of “D” located in Seongdong-gu Seoul Metropolitan Government, for the reason that the victim E (ma, 22 years of age) was not in mind.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

2. In the date and time set forth in Paragraph 1, the Defendant: (a) left the victim’s disease at the above place; (b) left the victim’s face from the main points and the main points; and (c) left the victim’s face from the road outside the main points and the main points, and (d) left the left side of the victim requiring approximately two weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant's partial statement in the fourth protocol of trial;

1. Each legal statement of witness E, F and G;

1. The damaged part photograph, the video CD;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”);

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”)

1. Circumstances unfavorable to sentencing under Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal Act, Article 59 of the Act on Probation, Etc.: The Defendant committed the instant crime again despite a previous criminal conviction who was sentenced to a suspended sentence of execution for the same kind of crime; the Defendant’s violent nature and risk as indicated in the instant crime is not good; and the Defendant’s sexual character is contrary to the Defendant.

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