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(영문) 서울서부지방법원 2015.04.30 2015고단375

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

However, 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 January 6, 2015, around 18:20, the Defendant sustained injury to the victim, such as cerebral celeba, which requires approximately three weeks of medical treatment, due to the beer’s head on the table, which was on the table table, and was sitting together with the victim E (the age of 44) in Mapo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. A written statement;

1. Each photograph;

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

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the circumstances, etc. considered as the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering the circumstances that are considered as the grounds for sentencing following the period of suspended execution);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The basic area (2-4 years) of Chapter I (2-year and four years) of habitual injury, repeated injury, and special injury [Pronouncement Decision] The above sentencing guidelines include the Defendant’s deposit of KRW 5 million for the victim, as well as the Defendant’s criminal records, age, character and conduct, environment, etc., which are the conditions for the sentencing of the instant case, shall be determined as per the order.