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(영문) 서울북부지방법원 2015.07.03 2015고단301

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 became final and conclusive.

Reasons

Punishment of the crime

At around 03:00 on November 9, 2014, the Defendant, at the main point of “D” located on the first floor of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, about 40 meters high on the front head where the victim E (the age of 48) and alcohol were in fluencing, and the victim’s head was fluencing with a beer disease, which is a dangerous object on the ground that the victim E (the age of 48) and drinking were bad, and caused approximately 40 meters high on the front head where the victim needs to be treated for about 3 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to each investigation report (Evidence List 6,9);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under Acts: One year and six months to fifteen years;

2. Where the mitigation area (one year and six months through six months), mitigation area (one year and six months through six months), punishment not (including advanced efforts to recover damage), or considerable partial damage is recovered, in the application of the sentencing guidelines (the range of recommending punishment] (the scope of recommending punishment on October 1, 2014), and the mitigation area (one year and six months through two years and six months), of habitual injury, repeated injury, and special injury;

3. The defendant, who was sentenced to punishment, committed a serious crime in light of the method, consequence, etc. of the crime committed by causing bodily injury to a person as a dangerous beer disease, and the defendant has many records of criminal punishment for the same kind of violent crime: Provided, That the defendant has agreed to do so, and other factors of sentencing indicated in the records of this case, such as the circumstances and form of the crime of this case, degree of injury to the victim, circumstances after the crime, age, character and conduct of the defendant, character and environment, shall be determined as ordered by taking into account all the factors of sentencing indicated in the records of this case

It is so decided as per Disposition for the above reasons.