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(영문) 서울북부지방법원 2014.10.21 2014고단3034

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 August 30, 2014, around 03:10 on August 30, 2014, the Defendant saw the phrase “D” restaurant located in Dongdaemun-gu Seoul Metropolitan Government “D” victim E (n, 50 years of age) to arrange the relationship between the victim and the victim’s “unsponedly reducing any third person” while drinking alcohol, the Defendant collected a small-scale illness, which is a dangerous object on the table table, and laid down the head part of the victim’s head on one occasion, and put the victim at the second sponc in the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the spot and damaged 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 (including the fact that there exists no other record of punishment except for the previous conviction of a fine in 1997, the fact that the crime has been divided in depth and that the victim has agreed smoothly with the victim);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);