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(영문) 서울서부지방법원 2015.08.12 2015고단1453
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

At around 12:00 on April 30, 2015, the Defendant: (a) completed a civil trial with the victim C, a debtor, at the fourth floor of Mapo-gu Seoul Western District Court in Mapo-gu, Seoul, 174 (Public morals), and (b) followed the body of the victim, which is a dangerous object to prevent the front of the victim, and (c) obstructed the body of the victim at approximately 5 meters, on the ground that: (a) the Defendant’s body was sealed at the fourth floor of the Seoul Western District Court in Mapo-gu, Seoul Western District Court, 174 (Public Ethicsdong); (b) and (d) the body of the victim, which was in dispute between the debtor C and the non-legal branch, was sealed once.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as saved salt, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to an investigation report (Submission of an injury diagnosis report and change of the name of the crime), an investigation report (the confirmation of video recording of a cellphone and attachment of a damaged photograph);

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. The grounds for sentencing [the range of recommending punishment] under Article 62 (1) of the Criminal Act (hereinafter referred to as the following favorable circumstances] of the suspended sentence under Article 62 (1) of the Criminal Act; consideration, such as the fact that the mitigated area (one year and six months through two years and six months) of the mitigated area (one year and six months from the date of habitual injury, repeated injury, and special injury); the fact that there is no criminal record exceeding the fine;

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