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(영문) 서울중앙지방법원 2015.02.06 2014고단10152

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 became final and conclusive.

Reasons

Punishment of the crime

On November 10, 2014, around 22:40 on November 10, 2014, the Defendant, at the second floor D main points of the building located in Gwanak-gu in Seoul Special Metropolitan City, performed drinking, together with the victim E (the age of 47) who was aware of the usual drinking at the D main points of the building in Gwanak-gu in Seoul Special Metropolitan City, and went back once the head of the above victim, which is a dangerous object, and inflicted bodily injury on the victim, such as an open two skins requiring medical treatment for about nine days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. E statements;

1. A damaged photograph;

1. A written agreement;

1. Application of Acts and subordinate statutes for medical treatment and emergency medical services;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury on a dangerous object);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act is to be taken into account: (a) category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (1 and 2 months), the mitigated area (1 year and 16-2 months), the mitigated area (including efforts to recover damage), or where considerable damage has been recovered (a decision of sentence] the defendant is against the defendant; (b) the degree of the injury in this case; (c) the victim is not punished;