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(영문) 서울동부지방법원 2015.01.08 2014고단2839

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

피고인은 2014. 3. 16. 12:30경 서울 성동구 C 2층에 있는 D 음식점에서 피해자 E(44세) 및 지인들과 술을 마시던 중 후배에게 훈계하면서 소란을 피우고 “여기서 나를 이기는 사람이 있으면 나와 봐라”고 말하자, 피해자가 “나랑 밖에 나가서 맞짱을 뜨자”라고 말한다는 이유로 화가 나서, 그곳 탁자 위에 놓여있던 위험한 물건인 소주병을 피해자의 머리에 던져 맞혔다.

As a result, the Defendant got two weeks of treatment to the victim, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to an investigation report (Submission of an injury diagnosis report);

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 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the sentence recommended by the sentencing guidelines (determination of type), violent crimes. Special injury [Determination of the recommended field] basic area [Scope of the sentence of recommendation] two to four years;

2. Determination of sentence of this case requires a strict punishment of the defendant, taking into account the risk of the method of the crime in this case and the fact that the defendant is not agreed with the victim, but the defendant is led to confession and reflect, the fact that the defendant has no record of punishment prior to the crime in this case, the victim has not been injured, the fact that the victim's age, character, occupation, occupation, intelligence and environment, motive and circumstance of the crime, the means and method of the crime in this case, and other circumstances shown in the arguments shall be determined as ordered, taking into account all the circumstances as revealed in the arguments.