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(영문) 서울남부지방법원 2014.06.11 2009고단3235

폭력행위등처벌에관한법률위반(집단.흉기등상해)

Text

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

Reasons

Punishment of the crime

On August 6, 2009, the Defendant ordered beer and beer at the “E” head office operated by Guro-gu Seoul Metropolitan Government C victim D (W, 40 years of age), and brought a lot of drinking values to beer and beerer, and went through a dispute with the victim, the Defendant collected an empty beer, which is a dangerous thing on his/her customer, and caused the victim to take a hand back the head, face, face, etc. of the victim, and put the brue into the victim in need of treatment for about 20 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

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 Defendant, who was sentenced to sentence, is currently making a confession of the crime of this case and reflects his mistake, and the crime of this case appears to have been committed contingently. However, the crime of this case is committed by the Defendant at the price, etc. of the victim’s head, etc. with a deadly weapon, and is under the nature of the crime. The crime of this case is not agreed with the victim until now, and there is no reason to consider the motive of the crime, and other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, background, means and consequence of the crime, etc., shall be determined as ordered in consideration of all the circumstances that are conditions for sentencing.