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(영문) 서울북부지방법원 2016.03.10 2015고단4601
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of imprisonment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 11, 2015, at around 01:37, the Defendant called “D” restaurant located in Gangnam-gu Seoul Metropolitan Government, “D,” and put the victim E (51) with a knife knife (11.5cm in length) which was in possession of the backer knife, and carried out once the victim’s left knife and knife the victim’s knife knife with approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each police statement protocol against E;

1. A medical certificate;

1. CCTV images;

1. Application of Acts and subordinate statutes of No. 1 (food blades) and No. 2 (Gifts);

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

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

1. Social service businesses under Article 62-2 of the Criminal Act;

1. In light of the fact that the act of inflicting bodily injury on the victim in knife, which is a dangerous thing for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, is highly dangerous and that the statutory penalty for special injury is one to ten years, the nature of the crime is serious. However, considering the fact that the injured person does not want the punishment for the accused, the fact that the injured person does not want the punishment for the accused, the fact that the accused is erroneous, the fact that the accused has no record of the crime heavier than the fine, and the fact that there is no record of the crime committed by the accused, the punishment is to be determined in consideration of all the elements

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