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(영문) 서울동부지방법원 2013.04.17 2012고단3289

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

At around 26 21:40 on October 26, 2012, the Defendant, while drinking alcohol at the front of the D convenience store in Seongdong-gu Seoul Metropolitan Government (the age of 49) with the victim E (the age of 49), was injured by the number of days of treatment by having the victim tear down at one time with beer disease, which is a dangerous object on the tables, for the reason that the victim would have her end and desire to do so.

Summary of Evidence

1. Defendant's legal statement;

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

1. The first police statement concerning E;

1. Application of the Acts and subordinate statutes to each photograph, field, and part of injury;

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. Determination of types of crimes [Application of sentencing guidelines] Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation [the scope of punishment] Articles 53 and 55 (1) 3 of the Criminal Act [the grounds for sentencing, etc. below] : The sentencing guidelines shall be applied] from one year and six months to 15 years: there shall be no factors to increase the first type of habitual injury, repeated injury, special injury by the violent crime group: where there is a minor injury, where the victim also has considerable responsibility for the occurrence of a crime: the area of recommendation and the scope of sentence: the area of mitigation (a sentence shall be between 1 and 6 months, and 2 months, which is the minimum sentence period): the defendant appears to have committed the crime in this case; the defendant is likely to have committed the crime in this case seriously; the defendant's criminal records, health conditions, etc. shall be determined within the scope of the recommended sentence in consideration of the amount of punishment as ordered.