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(영문) 서울남부지방법원 2016.11.25 2015고단4850
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On October 21, 2016, the Defendant was sentenced to a suspended sentence of two years on August 29, 2016 by the Seoul Southern District Court for the obstruction of performance of official duties, and the said judgment became final and conclusive on October 29, 2016.

【Criminal Facts】

At around 03:50 on July 31, 2015, the Defendant conspired with the person who was unaware of his name, and the victim C (34 years of age) who was on the roads after Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu (hereinafter referred to as the “Seoul”), was able to prevent the victim from standing in front of the part of the victim, and was punished for Si expenses on the ground that the victim C (34 years of age) who was getting off the part of the part of the victim would be bad. The Defendant laid off the part of the victim by gathering the wall, which is a dangerous thing, and putting the part of the victim into the part of the part of the victim. The Defendant, who was deprived of the part of the part of the victim, laid off another wall, which is a dangerous thing, and laid down the part of the part of the part of the victim where the victim's part of the part of the part of the victim

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. The first and second police statement about C;

1. A written diagnosis for C;

1. A report on investigation;

1. Damage photographs;

1. Scenic photographs;

1. On-site photographs;

1. Previous convictions: Investigative inquiries into foreign crimes and investigation records, and the application of statutes as a result of case search;

1. Articles 258-2 (1), 257 (1), and 30 of the Criminal Act concerning facts constituting an offense;

1. Circumstances unfavorable to the reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act dealing with concurrent crimes: The defendant's liability for the crime in light of the behavior and degree of injury of the assault in this case is not easy.

The crime of this case is likely to be committed by the defendant with the wall of the victim who inflicted an injury on the victim.

There is no circumstance in which no agreement has been reached with the victim and the recovery of particular damage has been made.

In the above disadvantageous circumstances, the defendant shall be sentenced to punishment, and the degree and result of the damage, the circumstances after the crime, the statutory penalty for the crime of special injury in this case (one to ten years) and other ages and ages of the defendants.

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