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(영문) 서울북부지방법원 2016.08.25 2015고단1936

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 22:00 on January 9, 201, the Defendant: (a) while drinking alcohol together with the victim D (36 tax) at the main point in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the Defendant inflicted an injury on the victim, such as the part of the math, requiring approximately two weeks of treatment on the face of the victim, when 500c beer knife, which is a dangerous article on the table of the table.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes on police statements made to D;

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. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant is divided into and against his own crime; the defendant has no record of criminal punishment exceeding the fine; the defendant has committed the crime in this case; the circumstances leading to the crime in this case; how the crime in this case was committed; how the crime was committed; how the crime was committed; how the victim was damaged; and how the victim was punished; etc.