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(영문) 서울북부지방법원 2015.03.26 2014고단4113

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 becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2014, around 21:20 on September 21, 2014, the Defendant: (a) requested the victim to have the drinking value changed on credit while drinking alcohol while talking with the victim within the “E” set forth in the Dongdaemun-gu Seoul Metropolitan Government Operation D (n, 46 years of age); (b) provided the victim’s bath to have the drinking value changed; and (c) accordingly, the victim was refused to do so; and (d) collected beer’s disease, which is a dangerous object with the locking table, and caused the victim’s injury, such as cerebrum, for about two weeks of medical treatment.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness D and F;

1. Each police statement made to D and F (a defendant asserts that there is no fact at the time of beer's disease; however, according to consistent statements made by the victim and witness F in an investigative agency and court, the above facts charged can be fully acknowledged)

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury on a dangerous object);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the following circumstances and Defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime, etc., are equally taken into account, the sentence of the same sentence as the order of the sentencing shall be imposed on the condition of community service within the scope of the sentencing guidelines [within the scope of the sentencing guidelines (from 1 and 6 months to 2 months from the mitigation area (a habitual injury, repeated injury, special injury)].

Normals unfavorable: The fact that he/she has been punished five times due to violence, and has been punished as beer's disease.