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(영문) 서울북부지방법원 2013.04.18 2013고단555

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 26, 2013, at the front of the Seoul Special Metropolitan City Nowon-gu cafeteria, the Defendant, under the influence of alcohol, d(n, 48 years of age) breadd the victim's face, breaddd the victim's face, boomed the victim's breath and spath, and spad the victim's spath, spad the victim's spath, and spad the victim's spath (Ga 14cm x 14cm x 14cm m). The Defendant got off three times the part of the victim's body, which is a dangerous object, so that the victim's math can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the result of an injury is not severe);

1. Suspension of execution under Article 62 (1) of the Criminal Act;

1. Although the defendant had been sentenced to a fine of the same kind twice for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, considering the fact that the defendant recognized the error of this case and compensated for losses, the defendant was also at the time, the sentence like the order (one year and six months of imprisonment and two years of suspended execution) shall be determined, and community service (80 hours of imprisonment) shall also be ordered.