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(영문) 서울북부지방법원 2015.10.13 2015고단2853
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

At around 21:00 on July 20, 2015, the Defendant collected the following minutes from E restaurant operated by the Defendant’s wife D in Dobong-gu Seoul Metropolitan Government, and the victim F (51) who had been aware of for more than two years prior to drinking a large amount of sound to the fry of the above restaurant, the victim F (51) who was the driver of the above restaurant, was a frighter, “Is the frighter,” and the victim “Is the frighter if Is the frighter in the restaurant.” The Defendant frights the frighter of the frighter, which the victim frights the frighter in his house and fright the frighter in his house, and fright the part of the kitchen, which was a deadly weapon in his house, the victim fright the frighter in his house and the part of the frighter in the treatment period, such as the part of the frighter’s kitchen, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to D or F;

1. Police seizure records;

1. A certified copy of medical records; and

1. Photographs;

1. The investigation report (the victim's name and the photo around the scene at the time of the damage) (the defendant asserts that he was not flicked so far, but according to the evidence above, the victim stated that he was "small and flick," and in light of the body form and the depth of the upper part and the upper part of the body and the body, and the tear and tear of the tear, etc., it can be recognized that the elderly's defendant reached the "flick so far."

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of recommendations] Habitual injury, repeated injury, and special injury shall be type 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Bodily Injury);

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