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(영문) 서울중앙지방법원 2013.04.12 2012고단6603

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

피고인은 2012. 7. 30. 22:00경 술에 취한 상태로 서울 서초구 D 주점 입구에서 일행을 기다리던 중, 위 주점을 들어가던 피해자 E(남, 55세)로부터 “비켜 새끼야. 비키라니까 임마. 뭘 쳐다봐 새끼야. 비키라는 말 안들려. 새끼야” 라는 욕을 들었다.

Accordingly, the Defendant suffered from injury to the victim, such as “multi-scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics, which

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and 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. The scope of punishment by sentence: Imprisonment for one year and six months to fifteen years;

2. One year and six months to two years from the date of imprisonment for a sentence of recommendation according to the sentencing criteria (the area to be mitigated among the types of Class I of habitual injury resulting from special repeated crimes);

3. Sentence of sentence: Imprisonment with prison labor for a year and six months and two years of suspension of execution: A sentence shall be imposed and the execution thereof shall be suspended, taking into consideration the fact that the victim was committed by verbal abuse and bathing without any justifiable reason while waiting for a day before the drinking house, and that the victim was a first offender who has no previous criminal record, and that the victim did not want the punishment, and that the victim did not want to do so, and that the victim reflects the truth in depth;