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(영문) 서울중앙지방법원 2014.10.07 2014고단3575

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

At around 03:00 on November 2, 2013, the Defendant tried to take the hand trees of E in the next tables from the second floor of D underground located in Gangnam-gu Seoul, Gangnam-gu, Seoul, to put them into his table.

The Defendant brought an injury to the victim F, i.e., the victim F, who was under the control of the victim F (40 years of age) from the victim F, by drinking or drinking the victim F, who was under the control of the victim F, caused the victim F, by causing about 14 days of medical treatment to the victim F, such as the impairment of the crypity of the cryp and the cryp of the cryp, and the injury to the victim F, who was under the control of the victim F, who was under the control of F (40 years of age). The Defendant continued to inflict an injury on the victim F, on the part of the victim G (the victim F, 23 years of age), on the cryp of the cryp of the cryp that was on the right side of the victim G, and caused approximately 28 days of medical treatment to the victim G by cutting the cryp of the cryp.

Accordingly, the defendant carried a dangerous article, and inflicted an injury on the victims.

Summary of Evidence

1. Each legal statement of witness E and G;

1. Each injury diagnosis letter;

1. Each photograph (A, G);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the first offense);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The basic area (2 to 4 years) of the type 1 (2 to 2 years) of habitual injury, repeated injury, and special injury (2 to 4 years) [Pronouncement Decision] Imprisonment with prison labor, 1 and 6 months, 2 years of suspended execution, and 2 years of suspended execution, were denied, and not agreed with the victims, but the primary crime without any criminal power, and the result of damage is not heavy, and the sentencing guidelines are set aside, taking into account the fact that social relation is obvious, and the sentence is imposed as ordered.