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(영문) 서울중앙지방법원 2014.02.13 2013고단8165
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

On October 24, 2013, around 02:30 on October 24, 2013, the Defendant thought that the victim E (34 years of age) viewed that he had talked about the Defendant’s her wife’s miscarriage and talked about the Defendant’s her scarcity, and had the victim her head, who is a dangerous object on his table, she collected the disease, and had the victim her head once her head, and had the victim her head her head scar in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to field photographs and victim 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act (the decision of a suspended sentence) of the Act on the Suspension of Execution, a habitual injury, repeated injury, and special injury (special injury to a person who is a habitual injury, repeated offense, injury, or special injury): Insignificant injury, in lack of punishment [the scope of recommendation] September and in two years and six months (the decision of a suspended sentence]: (a) the head of a victim was taken out by a small-scale disease, which is a dangerous object, and the defendant is highly likely to cause danger or criticism in light of the Act on the Punishment of Crimes, which may cause serious threat to the life and body of the victim; (b) normal circumstances favorable to the fact that there is a history of criminal punishment for a violent crime: The actual injury itself is relatively insignificant compared to the risk of the crime; (c) the victim is not wanting the punishment of the defendant; and (d) the victim is contradictory to the victim’s age, occupation, environment, character and conduct, the circumstances, details, etc. of the crime in this case; and (d circumstances)

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