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(영문) 서울남부지방법원 2014.10.02 2014고단3032

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

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

At around 00:00 on July 27, 2014, while drinking alcohol at Dhop located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant collected a 500-C glass, which is a dangerous object on his/her table, for the reason that the behavior of the victim E (the 32 years of age) has come to conflict with his/her own conduct, and continued to get back the victim's head on one occasion by gathering other beer back the victim's head on about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (victim E medical certificates);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] There is no basic area (2 to 4 years) (2 to 4 years) of the first category (2 to 3 years) of habitual injury, repeated injury, and special injury (2 to 4 years) of the Act on the Suspension of Execution [Determination of Sentence] [Determination of sentence] of the defendant's recognition and reflection of the crime, the fact that the defendant has agreed with the victim, the fact that the defendant has no criminal history, the fact that the defendant has no criminal history, and any other conditions of sentencing including the defendant's age, character and conduct