(영문) 서울동부지방법원 2006. 8. 9. 선고 2006고단833 판결

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집행유예

[폭력행위등처벌에관한법률위반(집단·흉기등상해)][미간행]

Escopics

Defendant

Prosecutor

Long-term Preferentials

Defense Counsel

Attorney Park Ho-hoon

Text

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

The 18-day detention days prior to the issuance of this judgment shall be included in the above sentence.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

One seized knife (Seoul Eastern District, No. 533, 2006) shall be confiscated.

Criminal facts

At around 21:40 on April 13, 2006, the Defendant continued to refuse to work at the day after the victim Nonindicted Party 1 (the age of 42) who operated (trade omitted omitted) food on the road in Songpa-gu Seoul (Seoul) Mandong cafeteria, and continued to refuse to work at the day after he was given a proposal from the victim Nonindicted Party 1 (the age of 42) who was operating the (trade omitted omitted) food on the day of the sobrying restaurant, and caused the victim’s left selling three times, and caused the victim’s injury, such as the open area of trees, which requires approximately three weeks of treatment from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of Nonindicted 1, 2, and 3 on the police statement

1. Police seizure records;

1. A written diagnosis of injury;

Application of Statutes

1. Article applicable to criminal facts;

Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act