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(영문) 서울남부지방법원 2014.12.04 2014고단3878
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 September 23, 2014, the Defendant: (a) around 10:25, on the front side of D real estate located in Geumcheon-gu Seoul Metropolitan Government, the Defendant did not fully repay approximately KRW 50,000,000 between the victims E (the age of 55) prior to the loan of approximately three months; (b) when loading the cargo parked in the above place, the hack pipe (the length of approximately 150cc), which is a dangerous object, was taken out in the vehicle loaded on the cargo parked in the above place, and caused the Defendant’s injury, such as two open wounds, which requires approximately three weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The screen of screen pictures DVD, CCTV closures;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. The reason for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] Where the sentence is determined within the range of recommending punishment according to the sentencing guidelines, taking into account favorable circumstances, such as the following favorable situations: (a) the mitigated area (one year and six months to two months), the mitigated area (including a person who has been specially mitigated), the penalty not (including a serious effort to recover damage), or considerable partial damage (a decision on a sentence] where the decision on a sentence is made smoothly with the victim; and (b) the fact that there is no person other than a fine once, and the execution of the sentence is suspended; and (c) the sentence is suspended;

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