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(영문) 서울중앙지방법원 2015.05.15 2015고단1880

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

On December 7, 2014, the Defendant: (a) around 20:35 on December 7, 2014, on the ground that the Seocho-gu Seoul Building Underground Award drinks alcohol, such as the victim D (ma, 59 years of age) in the indoor package, and went off to the face of the victim, the Defendant 14 days of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Injury photographs;

1. Application of Acts and subordinate statutes on report of occurrence;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act (the point of inflicting bodily injury on a dangerous object);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentence of Article 62(1) of the Criminal Act of the suspended sentence is imposed [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act is to be imposed in consideration of the following: (a) category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodily Injury) (1 year and 2 months); (b) the mitigation area (1 year and 16-2 months); (c) the punishment is not imposed (including advanced efforts to recover damage); or (d) the damage has been restored to a considerable part; and (e) the