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(영문) 서울중앙지방법원 2014.06.19 2014고단926
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 August 30, 2013, at around 04:50 on August 30, 2013, on the ground that the victim D (year 43) who performed alcohol together in the 5th room of the 1st floor underground of Jung-gu Seoul, Jung-gu, Seoul, had a view to drinking alcohol and had a view to the victim's right face two times due to an empty beer who was a dangerous thing at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Application of Acts and subordinate statutes to investigation reports (related to attachment of suspect DNA 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 (i.e., the circumstances explaining the reasons for sentencing) of the suspended sentence [the scope of recommendation] There is no basic area (two to four years) (two-four years) of the type 1 of habitual injury, repeated injury, and special injury (Habitual injury, repeated crime injury, and special injury) [the decision of sentence] [the defendant] [the decision of sentence] when the defendant was living together with the victim while living together with the victim, he was injured by the beer who was in danger and was living with the victim and was a dangerous object without the attendance. In light of the risk of the defendant's act and the degree of damage, there is no possibility of criticism against the defendant.

However, although the defendant first inflicts an injury on the victim, the victim also suffered an injury on the victim, and the extent of damage on the defendant is more severe, the defendant's mistake is divided due to the late detention of the defendant and under the judgment of this case, taking into account all circumstances such as the defendant's previous convictions, etc., and the decision is delivered as per the disposition by selecting the lower limit of the above sentencing guidelines and suspending the execution of the sentence.

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