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(영문) 서울북부지방법원 2016.04.20 2016고단50
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 17, 2015, the Defendant: (a) around 11:42 on November 17, 2015, at D’D located in Dobong-gu Seoul Metropolitan Government on the ground that the victim E (the age of 57) was changed to himself/herself; (b) the victim’s head was taken several times due to an empty disease, which is a dangerous object; and (c) the victim was able to take the victim’s hand from the victim’s hand in the process of preventing him/her from causing his/her loss, etc.; and (d) the victim’s head was returned to drinking.

As a result, the defendant carried dangerous things with the victim's number of days of treatment, and caused the victim's ties such as marin and knobs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report internal investigation (crime tools and photographs of victims), investigation reports ( telephone conversations of shots), investigation reports (verification reports on the counter treatment of victims, etc.);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that there is no record of criminal punishment for reasons of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, the victim does not want the punishment of the defendant, the victim's death, the degree of injury suffered by the victim is not serious, the victim is still raising two children, and the victim suffers from her own disease, and the crime committed by contingency after the commencement of hospital treatment immediately after the crime and the treatment is faithfully conducted even after the crime is committed, shall be determined in light of the conditions of sentencing, such as the defendant's age, sex, environment, etc.

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