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(영문) 서울북부지방법원 2015.10.20 2015고단2915

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 July 19, 2015, the Defendant, at around 23:20, 2015, talked with the victim D (the age of 45) while drinking alcohol with “C” located on the second floor of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul. As a vision, the Defendant laid down the part of the victim’s head by gathering a beer’s disease, which is a dangerous object on the table.

Accordingly, the defendant carried dangerous articles and put the victim into a string part of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Photographs of the body part of the victim;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by a victim's telephone);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The range of recommendations on the sentencing guidelines [the range of recommendations] the range of punishment [the range of punishment] shall be the mitigated area (one year and six months from June to two years and six months) of punishment (including serious efforts to recover damage] of habitual injury, repeated injury, special injury) and the mitigated area (one year and six months from June to six months of imprisonment].

3. The sentence of punishment is imposed in consideration of the circumstances unfavorable to the defendant, such as the tool used by the defendant for the crime of this case, the victim's part of damage, etc., the defendant divided and reflected his crime from the investigation stage to this court, the defendant agreed with the victim, the defendant was sentenced to a fine of KRW 500,000 as a crime of violating the Punishment of Violences, etc. Act in 2001, and there was no record of punishment for the same crime of this case, and the defendant's age, family relation, and tendency, and all other circumstances shown in the arguments of this case including the defendant's age, family relation