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(영문) 서울동부지방법원 2013.05.07 2013고단617
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 March 10, 2013, the Defendant: (a) around 00:16, on the ground that there was a dispute between the victim D(35 years of age) and drinking after the society, and the victim D(35 years of age) were drinking, the Defendant sent two parts of the victim’s head to the victim’s disease, which is a dangerous object on the table, and the victim’s number of days of treatment cannot be identified.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of each statute on photographs;

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 (the degree of injury shall be considered and reflected, etc.);

1. Article 62 (1) of the Criminal Act (the fact that a victim is not subject to punishment under an agreement, etc.);

1. Probation and community service order: (a) the reason for sentencing under Article 62-2 of the Criminal Act [Determination of Imprisonment] [Aggravated Punishment] [Special Bodily Injury, Bodily Injury, Special Bodily Injury (Special Contributor] - Decision on the area of recommendation] in the area of mitigation [the range of recommendation] 1 year and six months to two years [general person] - In the area of mitigation [general person] - In the area of mitigation - In the same criminal sentence that is not an aggravated crime (less than 10 years after the completion of execution] - the applicable provisions of law: The applicable provisions of law: Suspension of execution from three years to three years - Major statutory punishment: Offenses by threat of negative organizations or by carrying with him/her, or by gross efforts by force, or with other dangerous things of the same kind for at least two years (the affirmative and negative reasons for the suspension of execution) or for at least three years; (b) the affirmative and negative reasons for the suspension of execution;

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