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(영문) 서울동부지방법원 2015.02.12 2014고단3497

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one and half years.

except that 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 October 15, 2014, the Defendant: (a) around 01:35, the victim E (the age of 54) who was aware of the usual in the D cafeteria of Gangdong-gu Seoul Metropolitan Government 1st floor D, and the victim was under drinking alcohol, and (b) caused the injury to the victim, i.e., face-to-face, face-to-face, face-to-face, and air condition, etc., in which at least four weeks of treatment is required for the victim to enter the house first while drinking alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the sentence recommended by the sentencing guidelines (determination of types), violent crimes; special injury [decision of the recommended area] mitigated area (decision of the recommended area] (decision of the mitigated area of recommendation), six months to two years and six months;

2. Determination of sentence: (a) considering the risk of the method of the instant crime and the injury of the victim, etc., the Defendant should be punished strictly; (b) the confession and reflect of the Defendant; (c) there is no history of having been punished beyond the punishment or fine for the same kind of crime; (d) the Defendant’s age, character and conduct, occupation, intelligence and environment; (e) the motive and background of the instant crime; (e) the means and method of the crime; and (e) other circumstances revealed in the pleadings, such as the circumstances after the crime, etc., shall be determined as ordered