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(영문) 서울중앙지방법원 2015.12.16 2015고단5471

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Around 02:00 on June 17, 2015, the Defendant completed a meeting of Jongno-gu Seoul Metropolitan Government 201, and Do (35 years of age) who was an employee of the restaurant for the operation of the Defendant, who was a restaurant of the Defendant, sent himself to the above accommodation, was drinking and drinking out, and was under the influence of alcohol, the Defendant d (35 years of age) was under the influence of alcohol, and the Defendant was under the influence of drinking and drinking, and was under the influence of drinking and drinking water, as soon as it was a dangerous object in that place, and was under the influence of the victim’s left-hand eye and face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statements of E and D;

1. Each written diagnosis (No. 11, 14 No. 14);

1. Application of Acts and subordinate statutes of each photograph (No. 4, 12 list of evidence);

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. The reason for sentencing [decision of type] under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation [the grounds for sentencing] (decision of type] violent crimes, habitual injury, repeated injury, injury, special injury, type 1 (Habitual injury, repeated injury, special injury) / [the scope of recommending sentence] 2 to 4 (basic area] [the decision of sentencing] / [the decision of sentencing] under the following circumstances, taking full account of the sentencing conditions of the defendant’s age, character and behavior, family relation, family environment, motive and means of the crime, circumstances after the crime, etc., the sentence is determined as per the order beyond the lowest limit of the recommended sentence.

Unfavorable circumstances: as soon as possible, a dangerous thing that is under the influence of alcohol, the act of the victim who flashed the snow part of the victim and flashed the victim's snow part, is very serious.

The victim did not agree with the victim.

A favorable normal condition: The defendant has divided his wrong and is against his depth.

There is no particular criminal history except twice a fine.

The Defendant deposited KRW 5,000,000 for the victim.