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(영문) 서울중앙지방법원 2016.03.23 2015고단7396
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a resident of Dongjak-gu Seoul Metropolitan Government 402 building C.

On June 20, 2015, the Defendant: (a) around 09:02, around 404, and around 404, on the ground that the victim D, who had resided in the above C Building No. 404, had singing the entrance door, walked and sing the door, etc., and (b) caused injury to the victim, such as inside and outside the entrance of the victim, for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Application of Acts and subordinate statutes to damaged photographs and diagnostic instruments;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act suspended execution (as there are grounds to consider the circumstances leading to the instant crime, the degree of injury is not significant, and the Defendant has no record of the crime heavier than that imposed by a fine up to twice, in addition to the punishment imposed by a fine up to twice);

1. Of the charges of this case, among the charges of this case under Article 62-2 of the Criminal Code of the Social Service Order, the Defendant committed an injury on the part of the charges of this case, as to the fact that: (a) around June 20, 2015, at around 09:02, Defendant 404 of the Dongjak-gu Seoul Metropolitan Government Building C, when the victim D sing out for the reason that the victim D singing out and singing out, drinking several times; and (b) the victim’s inside and outside part of the victim was sing back one time on the part of a dangerous fire extinguishing machine; and (c) the victim suffered an injury, such as inside and outside heat, which requires two weeks of medical treatment; (d) the Defendant did not inflict an injury when drinking the victim’s inside of the victim at the same time; (e) but, from the police to this

As the defendant denies the crime, the part of the protocol of interrogation of the suspect against the defendant, which seems consistent with the fact that the defendant had a part of the victim's inside of the victim, among the protocol of interrogation of the suspect against D, part of the protocol of interrogation of the police about D, E's statement, and investigation report (D.).

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