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(영문) 서울남부지방법원 2014.12.23 2014고단4519
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

The defendant is a person who enters the Republic of Korea as a ship of Chinese nationality and stays in the family in which the victim C (the 61 year of age) and D are residing.

On November 22, 2014, around 23:30 on November 22, 2014, the Defendant, while drinking alcohol with the victim and drinking alcohol to the victim’s house, had raised complaints about the victim’s desire to stay in his/her house, and had a part of the part of the face and the part of the part of the part of the victim in need of approximately two weeks of treatment to the face of the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The police seizure record and the list of seizure;

1. A medical certificate;

1. Application of statutes, such as photographs of victims;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendation] The basic area (2 to 4 years) of types 1 (2 to 3) (2-4 years) of habitual injury, repeated injury, and special injury (2-4 years) (the determination of sentence] of the crime of this case / The punishment of this case is heavy in light of the circumstances leading to the crime of this case and the degree of damage, etc. However, the punishment of this case shall be determined as ordered within the scope of recommendation, taking into account the following factors: the defendant acknowledged the crime; the defendant agreed with the victim; the defendant's age, character and behavior; the defendant's character and behavior;

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