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(영문) 서울동부지방법원 2014.05.16 2014고단835
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 of the final judgment.

Reasons

Punishment of the crime

On December 2, 2013, at around 20:10 on December 2, 2013, the Defendant, at the Seongdong-gu Seoul Seongdong-gu Seoul, inflicted a bodily injury upon the victim E (the 52 years of age) who was in danger of committing an act without a brucation to the grandchildren in the middle of driving, where the victim’s head mack (the 500c can not be known at the time of the treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A report on occurrence;

1. Application of statutes on photographs of damage;

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. Although the nature of the crime is not light due to dangerous articles with the reason for sentencing under Article 62(1) of the Criminal Act, the degree of injury is minor, the victim does not want the punishment of the defendant from the time of the initial statement, and there is no criminal record other than a fine once. In full view of the motive, circumstances, means, and methods of the crime of this case, circumstances before and after the crime of this case, the defendant's age, character and conduct, career, environment, etc., the sentence of the same punishment as the order is imposed within the scope of the sentencing guidelines (as for the special mitigation of Type 1 of special injury: September to February 6).

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