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(영문) 서울중앙지방법원 2014.10.07 2014고단6252
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On April 29, 2014, the Defendant: (a) around 09:30 of Suwon-si, the victim C, who was aware of the same aged at the second floor of the water supply station located in 924, in accordance with the virtue-gu, Suwon-si, was in possession of the same aged; (b) was in danger of the Defendant’s desireing to the Defendant; and (c) she gets off the part of the victim, which was a dangerous object, once again, and suffered an injury for which the victim cannot know of the number of treatment days, such as she she she shelsheshe

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs of damaged parts, investigation reports (crimes and photographs of arrest places);

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. Reasons for sentencing [the range of recommending punishment] under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation [the following reasons for sentencing] of the mitigated area (one year and six months of imprisonment or two years and six months of imprisonment] (a special mitigation] under the mitigated area (one year and six months of imprisonment or two years and six months of imprisonment] under the mitigated area (a special mitigation] of minor bodily injury (a decision] under the following circumstances: the defendant committed the crime of this case by contingency; the defendant committed the crime of this case; the defendant committed the crime of this case by contingency; the defendant committed the crime of this case; and the defendant did not have any criminal record.

However, this case is sentenced to punishment in light of the fact that the victim's disease, which is a dangerous object, is the case of getting off the victim's body, and the method of crime and the risk of appearance is very heavy, the records of punishment for the same kind of crime are already several times, the defendant did not reach an agreement with the victim, and no damage was caused, and the defendant transferred the notified source and the hospital, etc. to his family without any special occupation, and the social relationship is weak.

Specifically, the above circumstances are as follows.

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