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(영문) 서울동부지방법원 2014.03.28 2014고단67

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 21:50 on January 7, 2014, the Defendant, on the ground that the victim E (manam, 53 years of age) who drinked alcoholic beverages on the side tables within “Djuk” located in Gangdong-gu Seoul Metropolitan Government, did not blickly act, the Defendant was her face by blicking the victim’s head on the part of the victim’s head, and blicking the victim’s face with the beer’s disease, which is a dangerous object that the victim was able to blick his/her bathing defect.

As a result, the defendant carried dangerous things with the victim, and put the victim at the left-hand side side and the heart of the victim in need of treatment for about 28 days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of Acts and subordinate statutes to death diagnosis certificates and photographs of victims;

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 and Article 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Reexamination of the grounds for sentencing as follows)

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Determination of Punishment] for habitual injury, repeated injury, special injury (special injury by a person under special appearance] mitigated elements: In the mitigated area [the scope of recommending punishment]: Imprisonment with prison labor for a year and June to two years [the scope of recommending punishment] - The main reasons for the mitigation - The reason for the suspension of execution - the reason for the suspension of execution - the reason for the suspension of execution not less than twice or more negative: The reason for the suspension of execution - the criminal for the general participation - the reason for the suspension of execution - The reason for the affirmative contingency - the reason for the suspension of execution - the reason for the occurrence of a positive contingency / [decision of punishment] 10 times or (10 times in actual punishment, two times in suspended execution, and seven times in punishment) for the same kind of crime, which are disadvantageous to the defendant.

On the other hand, the defendant committed the crime in this case, and committed the crime in this case.