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(영문) 서울서부지방법원 2015.10.29 2015고단1355
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 3, 2015, around 01:25, the Defendant intended to purchase the owner of a lawsuit at the D convenience store located in Mapo-gu Seoul Metropolitan Government, and had the victim face at a drinking time on the ground that the victim E (the 31-year old-age) who is an employee did not appear in mind, and had the victim face at a time, who is a dangerous object, taken one time the head of the victim's head, and sustained an injury that requires approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. Photographs of damaged parts, etc.;

1. A written diagnosis of injury;

1. Application of CCTV-related Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the circumstances, etc. considered as the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering the circumstances that are considered as the grounds for sentencing following the period of suspended execution);

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] The basic area (2-4 years) of the first category (2-4 years) of habitual injury, repeated injury, and special injury [Pronouncement Decision] of the above sentencing guidelines, comprehensively taking into account the circumstances that constitute the conditions for the sentencing of this case, such as the Defendant’s criminal records, criminal records, circumstances after the crime, age, character and behavior, character and environment, etc., the sentence shall be determined as per the order.

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