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(영문) 서울중앙지방법원 2014.11.06 2014고단6903

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 28, 2014, around 22:10 minutes, the Defendant, at a Dhop house located in Seocho-gu Seoul Metropolitan Government, talked with the victim E (age 48) and drinking, suffered bodily injury, such as two-time heat, which requires approximately two weeks of treatment to the victim, on the ground that the victim reported himself/herself and herself was unfilled.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Damage photographs;

1. Application of the Acts and subordinate statutes to the Mac Cup 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] Where the area of mitigation (one year and six months to six months), the area of mitigation (including efforts to recover damage), the area of mitigation (one year and six months to six months), the area of punishment not having been imposed (including efforts to have been advanced for recovery of damage), or considerable damage has been restored (the decision of sentencing] the victim does not want punishment, the relationship between the victim and the defendant is considered as favorable sentencing factors, and the punishment shall be determined after mitigation;

It is so decided as per Disposition for the above reasons.