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(영문) 서울남부지방법원 2015.12.23 2015고단4610
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 22:10 on July 23, 2015, the Defendant d main points located in Geumcheon-gu Seoul Metropolitan Government, where the Victim E (29 years of age) and drinking were under drinking, and assaulted several times before the above main points by putting the Victim over the floor, and then collected beer residues (500cc) which is a dangerous object on theme f in front of the latter part of the F, and put the head in the part of the number of days of treatment in front of the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on an occurrence;

1. Application of Acts and subordinate statutes to investigation reports (related to hearing on the counter party telephone statement from a shot person G);

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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The conditions favorable to the following reasons for sentencing):

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One year and six months from June to two years from the date of imprisonment on the sentencing guidelines (the group of violent crimes, habitual injury, repeated crime injury, special injury, Type 1 (Habitual injury, Bodily Injury, Bodily Injury and Bodily Injury), and the area of mitigation (the area of special mitigation));

2. Determination of sentence of this case, although the nature of the crime of this case is inferior, the punishment as ordered shall be determined by taking into consideration the following factors: (a) the defendant's fault is against the wrongness; (b) the victim does not want the punishment of the defendant; (c) the defendant also suffers from the minor injury that the defendant does not wish to do so; and (d) the defendant has no criminal power in Korea.

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