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(영문) 서울동부지방법원 2015.11.25 2015고단2153
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On January 31, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), etc. at the Seoul East District Court, and completed the execution of the sentence on August 16, 2014.

【Criminal Facts】

On July 14, 2015, around 11:40, the Defendant collected beer disease, which is a dangerous object on the floor on the ground that the victim E (n, 56 years of age) went against the Defendant, from “D” located in Gangdong-gu Seoul Metropolitan Government, and inflicted bodily injury on the victim, such as two-day therapy that requires approximately 10 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Photographs of damage, investigation report (victim E phone statement and submission of treatment certificate), and treatment certificate;

1. Previous records: Application of the Act and subordinate statutes on inquiry reports, such as criminal records, and personal identification and confinement status;

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] of the following factors: (a) the mitigation area (one year to two years and six months) of the mitigated area (one year and six months) of habitual injury, repeated injury, and special injury (the scope of recommendation] of category 1 of the Criminal Act; (b) minor injury [special mitigation] of the mitigated area (the decision of sentence] of a minor injury [the decision of sentence] of violence, and the fact that a crime was committed while being committed for the same kind

On the other hand, however, it is decided as per Disposition in consideration of the fact that the injury is against the law and the injury is relatively minor.

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