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(영문) 서울북부지방법원 2015.08.13 2015고단1395
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 February 10, 2015, the Defendant: (a) around 01:40 on February 10, 2015, at the “Dju store” located under Adong A, Dongdaemun-gu Seoul Metropolitan Government, the Victim E (37 years of age) and Si expenses; (b) destroyed the Defendant first of all, and caused the injury to the Defendant, such as the Victim E, the pusheder, and the beer’s disease, which is a dangerous article on the tables, and having the Victim wear a tear and teared his left arms.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the suspect E sphere and left part of his/her arms;

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The range of recommendations on the sentencing guidelines [the range of recommendations] the range of punishment [the range of punishment] shall be the mitigated area (one year and six months from June to two years and six months) of punishment (including serious efforts to recover damage] of habitual injury, repeated injury, special injury) and the mitigated area (one year and six months from June to six months of imprisonment].

3. The circumstances leading the defendant to the crime of this case, the method to commit the crime, the victim's part and degree of damage, etc., which are disadvantageous to the defendant, or the fact that the defendant is deeply divided and reflected in his own crime, the victim does not want the punishment of the defendant under an agreement with the victim, the defendant has no record of criminal punishment for the same crime except criminal punishment due to the violation of the Punishment of Violences, etc. Act in 193, and the defendant has no age of criminal punishment for the same crime, and other circumstances shown in the arguments of this case, such as the defendant's age, family relation, etc., shall

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