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(영문) 서울남부지방법원 2014.10.20 2014고단3441
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant shall be punished by imprisonment for a term of 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

1. Around 05:40 on August 5, 2014, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective injury, etc. with a deadly weapon, etc.), took place as a matter of the victim E (n, 34 years of age) who is a business owner in Gangseo-gu Seoul Metropolitan Government as a matter of the charge, and had the victim’s face one time due to beer disease, which is a dangerous thing, and inflicted injury on the victim, such as the recovery of the baby and the examination on the right luminous part, the number of days of treatment of which cannot be known.

2. The Defendant destroyed and damaged property at the above time, at the same place as above, the monitoring amount was destroyed so that the market price is influence by breaking the monitors of singing machines (55 persons) owned by the victim, thereby impairing the monitoring amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site reports on violent incidents;

1. Application of Acts and subordinate statutes to the scene of damage and photographs of the victim's body;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 257 (1) and 366 of the Criminal Act;

1. Imprisonment with prison labor for the crime of causing property damage in the option of punishment;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act among concurrent crimes. Article 50 (Aggravation of the punishment provided for in the Punishment of Violences, etc. that is heavier than that provided for in the said Act, but within

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the confession of a crime and the pening of a mistake in depth, the payment of 6 million won to the victim at the expense of medical treatment and repair, the agreement is reached smoothly with the victim, while there are previous charges, considering all the circumstances, such as the punishment of a fine and the charge of a fine);

1. It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act (the repeated consideration in the above sentence) or more;

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