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(영문) 서울중앙지방법원 2013.09.26 2013고단4668
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

On March 28, 2013, at around 00:05, the Defendant added alcohol to drinking in the trade entertainment tavern “D” located in Jongno-gu Seoul Metropolitan Government Jongno-gu, and had drinking drinking as an issue, and had the victim E (37 years of age) and Si expenses, and suffered injury to the glass cup, which is a dangerous object on the table table, for about six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to medical certificates and photographs of victims;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Determination of Punishment] : (a) habitual injury, repeated injury, special injury (special injury): Reduction element of punishment: (b) one year and June 1, and two years and six months (the scope of recommending punishment]; (c) the period of imprisonment is highly likely to cause danger or criticism in light of the number of crimes committed in favor of the victim, which resulted in a serious threat to the life and body of the victim; (d) six (6) precautionary injury of the victim caused by the criminal act of the defendant; (e) six (1) years and six (1) months in favor of the defendant who has been sentenced to criminal punishment of one year in suspension of the suspended sentence due to the criminal act of injury on or around June 208; (e) the victim appears to have not want the punishment of the defendant; (e) the victim appears to have occurred contingently; and (e) the defendant's age, occupation, character and behavior, circumstances after the criminal act of this case; and (e) the sentencing element and all the records of this case.

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