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(영문) 서울동부지방법원 2015.12.09 2015고단2338
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

At around 20:00 on March 19, 2014, the Defendant, at the “F” restaurant operated by Seongdong-gu Seoul Metropolitan Government (53 years of age), when he saws the victim as a main disease, which is a dangerous object. After having a knife for cleaning livestock machinery (13 centimeters in blade length), at a livestock product shop operated by the Defendant, the Defendant inflicted injury on the victim, such as an open upper part of the clothes, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, and H;

1. A medical certificate;

1. Investigation report (E Injury photographs);

1. Application of Acts and subordinate statutes of records of seizure, list of seizure and blades;

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Scope of Recommendation] : (a) minor injury (a) type 1 (Habitual Injury, Bodi Bodily Injury, Habitual Bodily Injury, and Special Injury) (1 year and June through June 2) in mitigation area (1 year and June 2) [Special Mitigation] (a decision of sentence] the Defendant did not agree with the victim. The Defendant’s attitude of the Defendant continuing to criticize the victim is inappropriate. The Defendant’s act is highly likely to cause danger and criticism because the Defendant’s knife is knife and knife again after the victim’s knife was tension. On the other hand, the knife used by the Defendant does not have high risk with knife, causing minor injury to the extent that the victim was unaware of the first wife. The victim did not file a complaint, and nine months have passed since the occurrence of the instant crime, including several previous convictions, but not in the Defendant’s environment.

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