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(영문) 서울중앙지방법원 2014.09.24 2014고단5115

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 27, 2014, at around 22:45, the Defendant, at the Dju shop located in Gwanak-gu, Seoul Special Metropolitan City on the ground that drinking her friend, spouse, etc. and drinking her friend, her friend, and the victim E (age 40) friended Defendant’s friend, the Defendant friended her each other on the ground that her friend and her friended her friend, the Defendant friended the victim’s face, arms, and head friended the victim’s friend face in treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. A photograph of damage, photograph of victim E-victim, and photograph of beer;

1. Application of Acts and subordinate statutes to each investigation report;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (this reason is considered for the following reasons):

1. Article 62 (1) of the Criminal Act (the following grounds for sentencing)

1. Reasons for the sentencing of Article 62-2(1) of the Social Services Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The mitigated area (1st and half years) of habitual injury, repeated crime injury, and special injury [1st and half years] [1st and six months] of the mitigated area (1st and half years] of punishment (including serious efforts to recover damage), or where considerable damage is recovered [1st and half years] of the mitigated area (2nd and half years] of punishment, which is not good in terms of danger (2nd decision of sentence] of crime; the defendant is subject to suspended sentence and several times of fine due to violent crime; the suspended sentence and several times of fine due to violent crime; the defendant is led to the confession of the defendant; the defendant's age, character and conduct, intelligence and environment; the motive, means and consequence of the crime; and the circumstances after the crime, etc. are various conditions for the sentencing of this case.