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(영문) 서울북부지방법원 2015.06.19 2015고단839
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 28, 2015, the Defendant violated the Punishment of Violence, etc. Act (a collective injury, etc., with a deadly weapon) around 23:20 on January 28, 2015, at the house of the victim D (n, 41 years of age) located in the north-gu Seoul Southern-gu Seoul Metropolitan Government, the Defendant sent the victim E head of the victim E with a stone-to-be with a dangerous object, which is a dangerous object, for the reason that the victim E (the older 41 years of age) is not adequate for a usual appraisal. At the house of the victim D (the older 41) located in Gangnam-gu, Gangnam-gu, Seoul Metropolitan Government, the Defendant sent the victim E head of the dangerous object ( approximately 24 centimeters in diameter) and laid the chest back, etc. of the victim D, and laid the chest into the victim E head of the victim E, and laid the victim

2. The injured Defendant, at the time, at the time, and place under the preceding paragraph, brought an injury to the victim by plucking, plucking, plucking, etc., of the victim’s arms and blue, and causing approximately two weeks of treatment to the victim, such as blue, blue, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of F, D, and E;

1. Reports on internal investigation (Attachment to photographs of deadly weapons used by a suspect for committing a crime), photographs of deadly weapons, criminal investigation reports (victim's photographs of damaged parts), photographs of damaged parts of the victimD, investigation reports (Attachment to photographs of damaged parts of the victim E), and photographs of damaged parts of the victim E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act as to the facts of crime, Articles 2 (1) and 2 (1) 3 of the same Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. The mitigated area of Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Bodily Injury) for the reason of sentencing in Article 62-2 of the Criminal Act (hereinafter referred to as the "Act") of probation, community service order and order to attend lectures.

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