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(영문) 서울남부지방법원 2014.05.14 2014고단916

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 March 9, 2014, at around 03:10, the Defendant, at the D restaurant located in Yangcheon-gu Seoul Metropolitan Government, brought a dispute with the victim E (the age of 31) with the victim, who was faced with the victim, and was placed on the table of the container at that place, brought two times the clock of the victim, who was a deadly deadly weapon on the part of the victim, and led the victim to a two clocks that require approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (E);

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 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence;

1. The range of recommendations on the sentencing criteria [the range of offenses] violence, repeated crime, special injury (the scope of a sentence of recommendations] and two to four years (basic area).

2. The crime of this case, which was sentenced to criminal punishment, was committed by the Defendant at the price of the head of the victim with a deadly weapon and was charged with bodily injury, and was not agreed with the victim until now. However, although the Defendant led to the confession of the crime of this case and reflects his mistake, the Defendant deposited KRW 5 million with the victim as a depositer, and contingently, the Defendant appears to have committed the crime of this case. The Defendant did not have any record of special criminal punishment; the Defendant did not have any record of criminal punishment; the Defendant was sentenced to punishment as ordered by taking account of the following circumstances, including the Defendant’s age, character and behavior, environment, background, means and consequence of the crime, and the circumstances after the crime.