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(영문) 서울남부지방법원 2015.09.09 2015고단2734
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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

The defendant is between victim C (the age of 19) and relatives.

On June 11, 2015, at around 04:30, the Defendant: (a) and the E convenience store located in Gangseo-gu Seoul Metropolitan Government, entered the above convenience store, and took part of the victim’s head and face, and inflicted injury on the victim’s left head and face part (as about 10cm), the left part ( approximately 3cm), the left part ( approximately 5cm), and the right part ( approximately 5cm) to tear.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Application of hospital C photographs of the suspect C, and C/L photographs of the suspect;

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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The conditions favorable to the following reasons for sentencing):

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One year and six months from June to two years from the date of imprisonment on the sentencing guidelines (the group of violent crimes, habitual injury, repeated crime injury, special injury, Type 1 (Habitual injury, Bodily Injury, Bodily Injury and Bodily Injury) and the area of mitigation (the area of mitigation of punishment is not subject to punishment);

2. Although the degree of injury caused by the instant crime cannot be deemed to be light, the punishment as ordered shall be determined by taking into consideration the circumstances favorable to the Defendant, such as the fact that the Defendant, who was friendly, seems to have taken a step to commit the instant crime in a contingent manner with the victim who was friendly, and that the mistake is recognized, and that the victim does not want the punishment of the Defendant by mutual consent with the victim, and that the Defendant has no criminal power, etc.

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