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(영문) 서울동부지방법원 2015.08.26 2015고단1150
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 became final and conclusive.

Reasons

Punishment of the crime

On July 18, 2014, at around 05:05, the Defendant, at the Defendant’s house located in Seongdong-gu Seoul Metropolitan Government on July 18, 2014, took part of the victim’s right head at the hack pipe (80cm in length, 3 cm in diameter) using clothes, which is a dangerous object, while engaging in a verbal dispute with the victim D (the 20 years of age, 20).

As a result, the defendant put the victim into the right side of the head, where the number of days of treatment can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of the victim's upper part photograph, pipe photographic Acts and subordinate statutes;

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act shall be imposed in consideration of the following: (a) category 1 (Habitual Injury, Bodily Injury, Bodily Injury, and Bodily Injury) (1 year and 2 months) (1 year and 6 months); (b) the mitigation area (1) [Special Mitigation] (1 year and 2 months); (c) the accused has committed any contingent crime; (d) the accused has not yet attained majority at the time of committing the crime; and (e) the accused has committed a serious mistake against the truth and attempted

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