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(영문) 서울남부지방법원 2015.05.15 2015고단525
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 of the final judgment.

Reasons

Punishment of the crime

On August 20, 2014, around 01:30 on August 20, 2014, the Defendant saw the victim F (n, 23 years of age) on other tables while drinking alcohol within the Yeongdeungpo-gu Seoul Metropolitan Government “E” pool, and saw the victim’s breath on the hand floor on the ground that the victim was her tree, and her breath on the part of the victim on the ground that the victim was her tree, and her breath on the part of the victim, who was a dangerous object on the table.

As a result, the defendant put the victim a face requiring medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning G and H;

1. Statement of the police statement to F and I;

1. Each medical certificate, a copy of medical record, reply to a request for appraisal, and a statement of opinion;

1. Application of the Acts and subordinate statutes governing body photographs;

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 (see, e.g., Supreme Court Decisions 201Do134, Apr. 1, 201; 201

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] Where mitigation area (i.e., habitual injury, repeated crime injury, repeated crime injury, special injury) (i.e., one year and six months) (i., one year and six months) or considerable damage is recovered (including efforts to recover damage) (i.e., a decision of sentence] under the following circumstances and the defendant’s age, character and behavior, developments leading up to the crime, means and methods of the crime, degree of injury, circumstances after the crime, etc., and all of the sentencing factors indicated in the records and arguments of this case, including the records and arguments of this case, the punishment shall be determined as ordered within the scope of Recommendation.

The favorable circumstances: The defendant has no criminal records of suspended execution or more, and the confession of the crime in this case is against the victim.

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