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(영문) 서울서부지방법원 2015.11.06 2014고단3039
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 July 30, 2014, around 10:30, the Defendant, at the warehouse of the GS Construction Site in Mapo-gu Seoul, 30-ro 7-0-ro 7-0 (Gongdukdong), was a victim C (the age of 43) and the Si expenses, and was a dangerous object in his body fighting (the length of 30cm). On the other hand, the Defendant saw the victim into the part of the victim's right upper part of the 30-meter, and put the victim into the inner part that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to medical certificates, photographs of the upper part of the body, and photographs of assault tools;

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 favorable circumstances):

1. Reasons for sentencing [the range of recommending sentence] under Article 62(1) of the Criminal Act (the favorable circumstances below) of the suspended sentence, the sentence shall be determined as per the order, taking into account the following factors: (a) minor bodily injury [the decision of sentencing] under the mitigated area (one year and six months to six months); (b) minor injury (the decision of sentencing was not reached; (c) the injury of the victim is relatively heavy; (d) the victim is deemed to have paid KRW 500,00 to the victim under the name of medical treatment expenses; and (e) the fact that the victim has an opportunity of reflectiveness through confinement life exceeding two months; and (e) the punishment is determined as per the order;

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