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(영문) 서울동부지방법원 2014.10.02 2014고단1685

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one and half years.

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

Around 06:00 on May 8, 2014, the Defendant, while drinking alcohol at the “Eju shop operated by the victim D (L, 58 years of age)” operated by Songpa-gu Seoul, Songpa-gu Seoul, said that the victim would drink after having repaid the credit value, and caused the head of the victim to tear on the wall.

Accordingly, the defendant carried dangerous articles and inflicted an injury upon the victim who could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the sentence recommended by the sentencing guidelines (determination of types), violent crimes; special injury [decision of the recommended area] mitigated area (decision of the recommended area] (decision of the mitigated area of recommendation), six months to two years and six months;

2. Determination of sentence shall be made in the same manner as the order, taking into consideration the overall circumstances shown in pleadings, such as the fact that the defendant is led to confession and reflect on the sentence, the fact that he is agreed with the victim, and the age, character, conduct, occupation, intelligence and environment of the defendant, motive and background of the crime, means and method of the crime, circumstances after the