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(영문) 서울동부지방법원 2013.10.08 2013고단1952
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On July 29, 2013, the Defendant, at the cafeteria located in Songpa-gu Seoul Metropolitan Government D on July 20, 2013, went through a dispute with the victim F (51 years of age) with the repayment of KRW 10,000,000,000 used by the victim to G, while making it difficult for the victim to have a dispute with the victim's reimbursement. The Defendant, who fightd with the victim and the body of the victim, sustained the victim's knife with the victim's knife, and caused the victim's injury, such as a cage fage, light fat, and light fat, which require treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Statement of the police statement related H;

1. Each investigation report, recording, and the application of each statute of a 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the crime of this case was committed ex officio and the fact that it is against others, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no previous criminal record for the same kind);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] - In the case of habitual injury, repeated injury, special injury (special person in a special form - special injury] - in the case where the victim intentionally commits the act of bodily injury resulting from a habitual injury, repeated injury, special injury (special person in a special form - the victim is also liable for the occurrence of the crime or the expansion of damage, the victim is also liable for the occurrence of the crime or the expansion of damage from among the aggravated factors - [Determination of the recommended area] in the mitigated area [the range of recommendation] from June to February 1, 20 [the range of general person] - the serious half of the mitigated factors [the range of punishment] statutory punishment [the range of punishment]: three years or more [whether a suspended sentence of punishment under Article 2(1)3 of the Weights Act] - The main reason for commission of a negative group or multiple force, or by carrying a deadly weapon or other

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