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(영문) 서울서부지방법원 2014.12.18 2014고단3018

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

At around 20:50 on October 4, 2014, the Defendant: (a) while drinking alcohol at “Dju” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, on the ground that the victim E (the age of 49) was unsatisfyed by the Defendant’s life-free “satisfying”, the Defendant laid the beer residues, which is a dangerous object, to the victim, and laid the beer, with two open steps where the number of days of treatment cannot be identified.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement of E;

1. Each photograph;

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

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 (the circumstances, etc. considered as the following reasons for sentencing):

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] (the scope of habitual injury, repeated injury, and special injury] type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), the special mitigation area (9 to February 6) [Special Mitigation] (the victim] is also responsible for the occurrence of a crime or the expansion of damage, the decision not to punish the victim [the decision not to punish the above sentencing] in the above sentencing criteria, comprehensively taking into account the various circumstances that form the conditions for the sentencing of this case, such as the criminal records, age, character and behavior and environment of the defendant.