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(영문) 서울북부지방법원 2015.02.13 2014고단4476

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 became final and conclusive.

Reasons

Punishment of the crime

On November 1, 2014, the defendant around 09:55, at the house of the victim D(50 years of age) located in the Jung-gu Seoul Metropolitan Government C3 level, the victim was suffering from a dangerous object without any justifiable reason while drinking alcohol together with the victim, and the victim was suffering from two infinites of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of statutes on field 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the defendant repents his/her mistake, that appears to be an contingent crime committed under the influence of alcohol, the degree of injury, that the victim does not want the punishment of the defendant, and that the defendant has no record of criminal punishment);

1. It is so decided as per Disposition on the grounds that the suspended execution is more than Article 62 (1) of the Criminal Act (recognisive consideration of the circumstances in the above);