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(영문) 서울북부지방법원 2015.10.28 2015고단1319
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

around 20:25 March 2015, the Defendant stated that the victim C(the age of 49) in the 214 Cheongsan-ro, Dongdaemun-gu, Dongdaemun-gu, Dongdaemun-gu, Seoul and the third king room of the 214 Cheongsan-ro, would sloping down, and that the victim followed the victim, “I amblingly, bru,” “I ambly, I am.” The Defendant saw the victim’s knick with the left arms, and put the victim’s knick, which is a dangerous thing with the victim’s knife, and put the head into the knife of head, which requires approximately two weeks of medical treatment.

around 15:00 on March 21, 2015, the Defendant: (a) around 2015, at the third floor above the 214 Cheongsan-ro, Dongdaemun-gu, Dongdaemun-gu, Seoul, the Defendant inflicted injury on the victim D (the age of 52) on the treatment days, such as festing the back head of the victim one time to the defendant with a small-scale disease, which is a dangerous object in the king of a fake; (b) the above small-scale disease was broken; and (c) the part of the part of the victim’s left part of the disease was broken to tear 7 cm.

Summary of Evidence

1. The defendant's legal statement [2015 Highest 1319];

1. Statement of the police officer against C and its opinion attached thereto;

1. Each photograph (2015 Highest 1736);

1. Each investigation report (the sequence 1, 6 of the evidence list);

1. Application of each statute on photographs;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of applicable sentences under Acts: One year and six months from June to June 22; and

2. The second crime that has no basic area (two to four years) of the sentencing guidelines (the scope of recommendations) applicable (the scope of recommendations) (the scope of habitual injury, repeated injury, repeated crime, and special injury) (two to four years) (the scope of recommendations) (the scope of recommendations) (the scope of habitual injury, repeated crime, and special injury by habitual injury, repeated crime, and special injury) (the scope of recommendations) (the basic area (two to four years) (the special area of injury by habitual injury, repeated crime, and repeated crime) applicable to the sentencing guidelines (the implementation of October 1, 2014) shall be final and conclusive according to the aggravation of multiple crimes.

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