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(영문) 서울동부지방법원 2013.04.10 2012고단2968
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

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 7, 2012, at around 03:30, the Defendant expressed that the victim D (the 18-year-old), E (19-year-old), and F (19-year-old) left the house of the Defendant located in Songpa-gu Seoul Metropolitan Government, would be imprising from tobacco smoking, and that the victims “the son who is not the principal delivery, fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fl, etc.

As a result, the Defendant assaulted the victim D and E with dangerous objects, and put the victim F into brain, thalin, and dunes, which require medical treatment for about three weeks.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness E;

1. Statement of the police made to D, E, and F;

1. Application of Acts and subordinate statutes to medical certificates and injury medical certificates;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act (the point of carrying a deadly weapon at the time of the sale), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of carrying a deadly weapon at the time of the sale);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considerations such as the fact that the victims are also responsible for the occurrence of the crime of assault in this case, the first crime, the violation of the law, the agreement with the victim D, and the deposit of five million won for the F)

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Sentencing Criteria] - The point of mobile assault with a deadly weapon: Violence crime group, assault crime group, type 6 (Special Violence) - The point of personal injury with a deadly weapon: violent crime group, special injury crime, and recommendation area of category 1 (Special Injury).

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