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(영문) 서울중앙지방법원 2014.08.14 2014고단3666
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

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

At around 01:00 on January 23, 2014, the Defendant, at the main point of "Hubro Storage" located in Gwanak-gu, Seoul Special Metropolitan City, 344, performed drinking together with members of the table meeting, such as the victim C (the age of 45). While the victim pointed out his/her speech, the Defendant collected the chair, which is a dangerous object, from the victim himself/herself, and collected about two weeks of the face of the victim by drinking, the Defendant was able to take care of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning partial investigation of suspect C;

1. Investigation report (report on the investigation and summary of reference witnesses D, E, and F telephone recording);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes governing photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., the following reasons) of the suspended sentence is [the scope of the recommended sentence] In the area of mitigation (one year and six months to two years and six months) (one year and six months), minor bodily injury (a special mitigation) [a sentence] minor injury (a sentence decision] in the area of mitigation (a year and six months to one year and two years and six months), the defendant's act is at the victim with dangerous things, and the defendant cannot be justified as having inflicted bodily injury at the time of the victim. However, the defendant committed the crime of this case by contingency, is not caused by dangerous things of the victim, the main cause of the injury is not caused by dangerous things of the victim, the victim also committed an assault against the defendant, the victim has committed the same kind of fine before the defendant, but there are no records of severe punishment, and the execution of the sentence is suspended by taking into account the factors favorable to the defendant.

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