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(영문) 서울북부지방법원 2015.04.08 2014고단4262

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 August 16, 2014, the Defendant: (a) around 21:20 on August 21, 2014, while drinking alcohol along with dong fees within the training center of the D Union Federation of Gangwon-gun, the Defendant: (b) obstructed the victim F (the age of 54); (c) obstructed the victim’s disease, which is a dangerous object in the area, and caused damage to the victim’s face face, face, e.g., requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements concerning G and F;

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. 작량감경 형법 제53조, 제55조 제1항 제3호 양형의 이유 이 사건 범행은 피고인이 소주병으로 피해자의 머리를 쳐서 피해자의 두피가 찢어지는 바람에 30발이나 꿰매야 할 정도로 중대한 상해를 가한 것이어서 죄질이 나쁜 점, 피고인은 동종의 폭력전과가 수회 있는 점 등을 참작하면 피고인에 대한 엄벌이 불가피하다.

However, the defendant, who led to the confession of the crime of this case, has divided and reflected his mistake, agreed with the victim, the victim also stated that the punishment of the defendant is not desired, and the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered in consideration of the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and result