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(영문) 서울남부지방법원 2015.12.18 2015고단4759

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 three years from the date of the final judgment.

Reasons

Punishment of the crime

On September 27, 2015, the Defendant: (a) around 01:45, at Ddade in Guro-gu Seoul Metropolitan Government, the victim E (the 43 years of age) “Mise the same as drinking” and (b) had the beer’s disease, which is a dangerous thing in the location without any justifiable reason, caused the victim to take one time the head of the left head of the victim, and had approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. On-site reports, on-site photographs and medical certificates;

1. Application of Acts and subordinate statutes to each investigation report (to hear telephone statements about F, and to hear telephone statements about victims);

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The mitigation area (one year and six months to six months), the mitigation area (one year and six months), the punishment not to be imposed (including a serious effort to recover damage), or the recovery of considerable damage (the decision of the sentence] in light of the applicable law and contents of the instant crime, the crime is not good. However, in light of the applicable law and contents of the instant crime, it is not good that the Defendant is committed against the Defendant, the victim is not punished against the Defendant by agreement with the victim, the fact that the Defendant has no record of punishment in the Republic of Korea, the Defendant’s age, character and behavior, environment, background and degree of the crime, the part and degree of the injury, and the circumstances after the crime, etc., and the execution of the sentence shall be suspended within the scope of Recommendation punishment, and the execution of the sentence shall be deferred as stated in the order and oral proceedings.