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(영문) 서울남부지방법원 2015.03.27 2015고단208

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 January 3, 2015, the Defendant: (a) around 19:20, at the D’s house located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (b) was a main disease, which is a dangerous object of drinking alcohol together with the victim E (34 years old); (c) caused the victim’s head, and (d) caused the victim’s head to tear and skin back; and (e) caused the victim’s head to tear and skin so that the victim’s treatment period cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. On-site reports;

1. On-site photographs;

1. Application of Acts and subordinate statutes to photographs of the body part of the victim;

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. Suspension of execution of punishment under Article 62 (1) of the Criminal Act, including the fact that the victim does not want the punishment of the defendant by mutual consent with the victim and the victim, and that the victim deeply repents and reflects the crime;