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(영문) 서울남부지방법원 2015.08.21 2014고단5000
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Around 1:50 on September 13, 2014, the Defendant and the victim C (the age of 51) had come to know well while running a tree for about three years, and around 11:50 on September 13, 2014, the Defendant talked about the victim C’s home in Geumcheon-gu Seoul Metropolitan Government, and talked about the assault case between the Defendant and the victim C, etc. in the past by leaving the victim C, and became the victim and the victim C. The victim got off the hack stick for patients, a dangerous object cited by the victim C ( approximately 90cm in length, about 20cm in width, about 20cm in width), and went back to the victim C’s head, arms, and distribution. In order for the victim C to take care of approximately 22 days, the Defendant sustained the victim’s horse E (the victim’s 20cm), and sold the victim’s h (the victim’s her mother).

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C and E;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to the scene of injury, photographs, medical expenses calculation statements, receipts, photographs of criminal tools, and photographs of the victim's body;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Article 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act concerning the punishment of a deadly weapon;

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

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

1. Scope of recommendations according to the sentencing criteria;

(a) Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, and Special Injury) (Aggravated Injury), the basic area (two to four years) (a special person) of the crimes provided for in subparagraph 1;

(b) Type 6 (Habitual Offense, Cumulative Offense, Special Violence) (Habitual Offense, Habitual Offense, Special Violence) does not constitute the basic area (6-10 months) (6-10 months).

(c) The scope of final sentence due to the aggravation of multiple offenses: two years to four years; and

2. Determination of sentence;

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