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(영문) 서울남부지방법원 2014.10.02 2014고단1424

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. Around 21:55 on March 13, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.), the victim E (the age of 45), F and alcohol, which are the space between workplace fares, was drinking at a D restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government, on the ground that the victim made a speech without a brucation, the victim’s face was taken once a time, and the victim landed from the beer who was an object dangerous to the bottom of the floor, one short part of the victim’s face.

Accordingly, the defendant carried dangerous things with the victim's inner part to tear the body.

2. The Defendant suffered property damage, at the time, at the place, as described in paragraph (1) and at the same time, he/she laid off 4,00 main bottles equivalent to the market value of 4,000 won per victim G ownership in the above restaurant cooling house.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of inflicting an injury on carrying a dangerous object) and Article 366 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Considering the risk of the Act on the Punishment of Crimes for the Reasons for the Sentencing of Article 62(1) of the Criminal Act, the victims are not subject to the punishment of the defendant, and the victims are not subject to the punishment of the defendant, and the defendant's mistake is recognized and against it, a suspended sentence should be imposed only once in consideration of the fact that it is against the law.