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(영문) 서울중앙지방법원 2014.10.14 2014고단5354

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than 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

On July 13, 2014, the Defendant: (a) around 10:30 on July 13, 2014, the Defendant, at the entrance of the Gangnam-gu Seoul Metropolitan Government D'E's drinking house, her aged victim F, etc., who had been drinking with the victim F, a workplace club located in Gangnam-gu, was dissatisfied with one another on the grounds that the Defendant was fluoring with the Defendant, who was a dangerous object in the vicinity of the Defendant, was fluoring the head of the victim at one time, and had the victim suffered an injury in the number of days

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. A written statement of the G production;

1. Application of statutes on site photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act (i.e., favorable circumstances, etc. among the reasons for the sentencing) (i., the decision of a sentence) violence (i.e., habitual injury, repeated injury, special injury (i., habitual injury, repeated injury and special injury) - [special appearance] mitigation element (ii) imprisonment with prison labor for one year and six months from June to two years and six months from the date of imprisonment with prison labor for a year and six months [the decision of a sentence] [the decision of a sentence] the crime of this case where the head of a victim, who is a workplace volunteer, is injured by a minor who is a dangerous element of the defendant, and the extent of damage is not minor, etc. that are disadvantageous to the defendant.

On the other hand, the circumstances favorable to the defendant are as follows: (a) there is no criminal conviction more than a fine, (b) there is no criminal offense against the defendant, (c) there is any dispute between the victim and the alcohol, and (d) there is a contingent agreement between the victim and the victim, and (d) the victim wanted his wife, and (e) the defendant's mistake is divided and is against depth.

In the above circumstances, the defendant's age, character and conduct, family relationship.