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(영문) 서울남부지방법원 2016.04.20 2015고단5404

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:40 on November 13, 2015, the Defendant, while drinking alcohol at the main point of “D” located in Geumcheon-gu Seoul, Geumcheon-gu Seoul, had the victim E (39 taxes) sitting on the side table, who was at the time of drinking, got the victim from the time of the loss. On the other hand, the Defendant got the victim from the time of the loss. On four occasions, the victim’s head was placed on the table of the metal 17 cm and 23 cm in diameter, and the victim got about 14 days open the two parts that require treatment.

Accordingly, the defendant carried with himself a dangerous article, and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Investigation report (person G telephone conversations with him);

1. Photographs of a dangerous object;

1. Application of Acts and subordinate statutes to an investigation report (related to submission of a written diagnosis of injury to a victim);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is very heavy in the crime of this case where the defendant inflicts bodily injury on the victim's head head, using the steel system, which is a dangerous object without any special reason.

The degree of injury suffered by the victim is not easy.

However, the crime of this case is a contingent crime committed by the defendant at drinking, and the defendant is divided into the errors.

There is no criminal history of the defendant, nor has another criminal record of suspended execution or more.

In agreement with the victim, the injured person does not want the punishment of the defendant.

The sentence shall be determined as ordered in consideration of the above circumstances.