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(영문) 서울동부지방법원 2014.04.17 2013고단2936
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2013, around 19:40 on the 19:40-dong 1st, Songpa-gu Seoul apartment house 252, the Defendant reported that the victim D (the 43-year old age) of the Hague female-friendly job offering victim D (the 43-year age) kis with male-gu and kis, she scened the victim's scencing the scen that entered the scen, kniff, knife the victim's scenf, and knife the victim's left-hand part of the knife, which is a dangerous object in the victim's possession, led to a bid with approximately 3 centimeters

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in favor of the following circumstances):

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order [Determination of the type] for the crime of habitual injury, repeated injury, and special injury [Special Contributor] Reduction element: Minor injury [Determination of the recommended area] Reduction element] [Determination of the recommendation area] One year and six months to six months [Determination of the sentence] [Determination of the sentence] one year and six years and six months [Determination of the sentence] [Determination of the sentence] The crime of this case is a crime of inflicting bodily injury on the victim by violating the part on the left left left side of the victim in a fishing knife, which is dangerous thing of the defendant, and is highly dangerous in light of the method of the crime, the part on the part of the crime committed, etc., and the fact that the damage of

On the other hand, the fact that the defendant is recognized to commit the crime and divided, that the defendant does not have any previous conviction as the first offender, and that the degree of the victim's actual injury is difficult to be considered as large, is favorable to the defendant.

The age, character and conduct, the environment, the motive and circumstances of the crime, the result of the crime, and the circumstances after the crime.

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