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(영문) 서울중앙지방법원 2015.01.30 2014고단9070
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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A defendant shall be punished by imprisonment for not less than one year and six months.

However, 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 11:50 on October 7, 2014, the Defendant sold the part of the part of the victim E (the age of 31) on one occasion with beer, which is a dangerous object, at the D main points located in Gwanak-gu in Seoul Special Metropolitan City, without any justifiable reason, at the D main points in Gwanak-gu in Seoul Special Metropolitan City, and was charged with the victim's injury such as the escape of the treatment days prior to the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. The first police statement to E;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on the screen of damaged photographs, CCTV-fashion;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act (the point of inflicting bodily injury on a dangerous object);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] Article 62-2 of the Criminal Act on the following grounds: (a) Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), the mitigated area (1 year and six months), the mitigated area (including special mitigation), the criminal defendant's efforts to recover damage), the degree of damage in this case, the victim is not punished; (b) the defendant does not want the punishment; (c) the price of the victim with a beer and the fact that there is a bad quality of the crime; and (d) the defendant has been punished five times the same kind of crime from 2007 to 2013. It is so decided as per

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