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(영문) 서울남부지방법원 2013.04.11 2013고단635
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, 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

The defendant is the head of Geumcheon-gu C Association.

At around 23:00 on November 15, 2012, the Defendant called the victim F (55 years of age) to “Ecafeteria” located in Geumcheon-gu Seoul Metropolitan Government, and called the victim F (55 years of age) to talk with the Defendant, despite the fact that the victim appeared to drink with G and talk with G, the Defendant observed the victim’s head one time after gathering the tree, which is a dangerous object in that place, and caused injury to the victim, such as thale, requiring a treatment for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photograph trees, whether the suspect is found at the time of injury;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Application of Sentencing Criteria]: The scope of sentencing recommended under Category 1 (Special Bodi Injury): Imprisonment with prison labor for a period of two years to three years (basic area) from among the habitual injury, repeated injury or special injury: Reduction factors among the special sentencing factors: None of the relevant factors - No of the relevant factors - No of the relevant factors - No of the increased factors: No of the relevant factors - No of the relevant factors - No of the increased factors (decision of sentence] (decision of sentence]: there has been no history of having been punished by a fine exceeding the last ten years; a defendant deposited 1.5 million won for a victim; etc., he/she shall be sentenced to the same sentence as the order after escaping from the lower limit of the sentencing range of the sentencing

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