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(영문) 서울북부지방법원 2016.07.21 2015고단3592

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around 22:50 on March 15, 2015, the Defendant, while drinking alcohol together at the “C” restaurant located in Dongdaemun-gu Seoul Metropolitan Government, was spacking with the victim D (50 taxes) (50), etc., the Defendant, without any justifiable reason, laid down the head part of the above victim on one hand on the part of a tree, which is a dangerous object at the same time, and led the victim to damage to the character of the unclaimed face of the treatment days.

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

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the victim's face, body photograph, and photographic;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Scope of recommended sentences on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. The sentence shall be determined as ordered, taking into consideration the overall circumstances shown in the arguments of this case, such as the defendant's age, family relation, and inclination, that the defendant has divided and reflected his criminal conduct in the investigation stage, the victim's father and degree of damage, the implements of the crime, the victim's punishment is sought, there is no history of criminal punishment exceeding the fine for the defendant since 191, and the punishment shall be determined as ordered, considering the age of the defendant, family relation, and tendency