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(영문) 서울남부지방법원 2016.02.03 2015고단4659
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

around 22:00 on August 29, 2015, the Defendant, at the main point of “D” located in Yeongdeungpo-gu Seoul Metropolitan Government not more than C, was the victim E (51 tax), chine F and drinking, while drinking in the victim E (51 tax), chine F and chine, was the victim and the Defendant, at the time of vision.

Defendant 1 got away from the victim due to a strike around the above time, and “I am son’s horse.”

“Along with the time limit, the victim’s head was blicked twice, which is a dangerous object possessed by a nearby construction site, and the victim’s chest part was flicked on several occasions, and the victim suffered injury, such as thale, thale, thale, and bale, requiring approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a internal report (Attachment of a photograph by cutting offCCTV image images);

1. Article 258-2 (1) of the Criminal Act and Article 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. One year and six months from June to two years from the date of imprisonment on the sentencing guidelines (the category of violent crime group, habitual injury, special injury, and special injury (the type of habitual injury, repeated injury, and special injury), the area of mitigation (the area of special mitigation (the area of punishment is not subject to punishment));

2. Major reasons for the suspension of execution - No history of criminal punishment, and no inevitable negative result of punishment: Where a person commits a crime by carrying a deadly weapon or other dangerous articles, the reason for general consideration - positive contingent crimes, and serious reflects.

3. Determination of sentence: One year of imprisonment and two years of suspended sentence; and

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