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(영문) 서울동부지방법원 2015.04.08 2015고단424
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 February 20, 2015, at around 05:37, the Defendant: (a) took a horse fighting on the ground that the victim D (the age of 25) operated by Gangdong-gu Seoul Metropolitan Government on the ground that the victim was in an influent response due to the influeniteness of the victim; (b) took a 12cc of the blade length, which is a dangerous weapon at the Defendant’s home, by hiding it into the main machine, and then took the victim’s bath that the victim “she will die.................................., the victim’s left side of the victim’s road, and the fluenc, caused the part twice.

Accordingly, the Defendant carried a deadly weapon with the victim, thereby inflicting injury on the victim, such as sexual scarcity, which requires treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (related to the perusal ofCCTV images);

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. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommending punishment] The mitigated area (one year and six months to two years and six months) of Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (one year and six months) of the mitigated area (one year and six months to six months) of habitual injury, repeated injury, and special injury (the decision of sentencing] of the Defendant is disadvantageous to the Defendant, such as the fact that the side and winter of the victim is very highly dangerous to knife, and that

On the other hand, it is decided as per Disposition in consideration of the following: (a) it is against the law, (b) it is against the law, (c) it is paid 4 million won to the victim, and (d) it is the victim's desire to find the Defendant's wife, and (d) it has no record of criminal punishment

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