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(영문) 서울중앙지방법원 2014.04.17 2014고단975
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 2013, the Defendant: (a) around 19:15, at “D” located in Gwanak-gu in Seoul Special Metropolitan City, and (b) at the meeting of “E” in Seoul Special Metropolitan City, the victim F (the age of 61) who was not good in that meeting, expressed a complaint regarding the attending the meeting, and (c) brought a dispute with the victim, the Defendant saw the victim, who was on the table table, left the hospital, left the hospital, and collected the part of the part of the victim who was on the table table, and laid down the victim into the table, caused the victim to be able to undergo approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a police interrogation protocol of the F (Attachment to an injury diagnosis protocol);

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] From September to February (hereinafter "insignificant injury", "insignificant injury", "influence of punishment", "influence of general mitigation" as a special mitigation) / [whether suspended sentence is suspended sentence] consideration of "minor injury", "influence of punishment", "influence of social relation", "influent relation", "influent crime", "influence of serious reflectness" as a positive element / [decision of sentence] consideration of the fact that the defendant had been punished several times for the same crime, despite the fact that the defendant had been punished several times for the same crime, the defendant did not want the defendant's punishment immediately after the agreement was reached with the victim, the defendant does not want the defendant's punishment, the defendant's age, character and behavior, environment, etc.

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