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(영문) 서울서부지방법원 2014.05.21 2014고단596
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 became final and conclusive.

Reasons

Punishment of the crime

On February 24, 2014, at around 22:20 on February 24, 2014, the Defendant, at the main point of “D” located under the first floor of Seodaemun-gu Seoul Metropolitan Government Seodaemun-gu Seoul Building C, where the victim E (34 years of age) who is the fluore tree of the said victim, went against the Defendant and did not mislead the Defendant, and was fluored with the said victim, with beer disease, which is a dangerous object on the lab, and the face of the victim could not be known, and sustained four tears, such as ma, where the treatment period cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes governing photographs of victims;

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 Recommendation] Where the mitigated area (1 year and six months to two years), the mitigated area (1 year and six months to six months), the penalty not (including serious efforts to recover damage), or considerable partial damage has been recovered (affirmative in suspension of execution) of habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, and special injury) (1 year and six months to six months), or considerable damage has been recovered;

2. The sentencing conditions stipulated in Article 51 of the Criminal Act, such as the confession of the crime by the defendant, the depth of the crime, and the unanimous agreement with the victim, are considered in light of the fact that the victim inflicted injury by carrying dangerous articles of the defendant, but the punishment shall be determined like the order.

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