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(영문) 서울동부지방법원 2014.12.10 2014고단2840

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

On May 17, 2014, at around 02:15, the Defendant, at the Eju shop located in Gangdong-gu Seoul Metropolitan Government, engaged in drinking together with the drinking of the victim F while drinking together, brought the Defendant’s female-friendly sports G, francing the Defendant’s removal from the victim, 500cc bed, and francing the head of the victim three times, and inflicted an injury on the victim, such as an external blood transfusion, which requires approximately 56 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. The police statement concerning F;

1. A written diagnosis of injury;

1. Application of statutes on photographs of damage;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] The following shall be taken into account: (a) the mitigation area (one year and six months to two years) (special mitigation) the mitigation area (one year and six months), the non-conformity of punishment [decision of sentence] the degree of injury, the degree of damage and agreement, and the fact that there is no criminal conviction or higher than the suspended sentence due to the same kind of crime; and (b) the fact that there is no