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(영문) 서울서부지방법원 2012.10.31 2012고단1879
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, 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, through the real estate broker introduced by the Defendant to the victim D (the age of 60), was willing to inflict an injury on the victim who failed to resolve the loss, even though the Defendant was actively demanded to sell the real estate owned by the Defendant to the victim D (the age of 60 million) for the period of solving the loss.

On August 3, 2012, at around 20:30 on August 3, 2012, the Defendant: (a) prepared in advance to find the victim’s house in Eunpyeong-gu Seoul Metropolitan Government E, and then wraped the hedging part of the golf loans No. 7, which is a dangerous object; (b) taken one time into the victim’s left face; (c) taken one time, knee kne kne kne kne kne kne kne kne kne kne kne kne kne kne; and (d) taken two kne kne kne kne kne kne kne kne kne, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning D;

1. Seizure records;

1. Application of Acts and subordinate statutes to report on investigation (Submission of victim's opinion, etc.);

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that a person commits a misunderstanding in depth through confinement and living), the fact that there is no other previous conviction in addition to a fine imposed once for a violation of the Road Traffic Act in 1988, and the fact that a person deposits five million won to pay damages, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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