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(영문) 서울동부지방법원 2015.10.29 2015고단2422

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 July 25, 2015, the Defendant: (a) around 23:40 on July 25, 2015, at the D main points located in Seongdong-gu Seoul Metropolitan Government, talked about drinking together with the victim E (the age of 47) who is a fluor, and divided the Defendant’s talk. The Defendant saw the victim’s mind that the victim’s age on the family register is 2 years of age; (b) caused the fluor’s disease, which is a dangerous object on the table, and put the victim’s face into the body of the victim’s face, where the number of days of treatment is unknown.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to each on-site photograph and each floor photograph;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration, such as the fact that there is no previous offense during the latest five years, the fact that a mistake is attempted and reflected, and the fact that a full agreement has been reached with the victim);

1. Article 62 (1) of the Criminal Act (hereinafter referred to as "unfair mitigation reasons");

1. Probation, community service order, the proviso to Article 62-2 (1) and (2) of the Criminal Act, Article 59 of the Act on Probation, etc.;