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(영문) 서울동부지방법원 2014.12.10 2014고단2985

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

On August 16, 2014, at the second floor office of Gangdong-gu Seoul Metropolitan Government, the Defendant collected excessive (22 cm in length) a dangerous object that had been in the air conditioners and side of the victim while drinking the victim D (50 years of age) and drinking alcohol, and had the victim do not pay the money from the defendant while taking a bath, and as a matter of drinking, the Defendant collected excessive (22 cm in length) a dangerous object that had continued to be in the air conditioners and side of the victim, and caused the victim to get the head of the victim forcibly at about three weeks of medical treatment.

As a result, the defendant injured the victim by dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written diagnosis of injury;

1. Application of excessive photographic Acts and subordinate statutes;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., reflectability, the point when the amount of loss in excess is a reflector part, the fact that three million won has been deposited for the victim, the degree of injury, etc.);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

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