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(영문) 서울중앙지방법원 2015.01.09 2014고단7791
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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 September 7, 2014, around 03:30 on September 7, 2014, the Defendant: (a) found that the victim D (the 43 years of age) who had drinking together at a singing room located on the first floor C underground of Yeongdeungpo-gu Seoul Metropolitan Government (the 43 years of age) returned home; (b) caused the beer cans not complying with dangerous objects on a paint or the location table, and (c) caused the victim to put about about 14 days of medical treatment to the victim according to the co-ordinate of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes to report internal death ( acceptance of a victim's certificate of injury);

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

1. The scope of punishment: Imprisonment with prison labor for not less than one year and not more than 6 months but not more than 15 years;

2. The sentencing guidelines for sentencing: One year and six months: - Two years and six months (the choice of a mitigated area among Class I of the category of habitual injury, repeated injury, special injury or injury).

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and two years of suspended sentence: The execution of sentence shall be suspended, taking into consideration the fact that the defendant inflicts bodily injury on the victim without any particular reason: Provided, That the degree of injury on the victim is not so excessive that the victim has committed the crime and that an agreement has been reached smoothly with the victim after the crime, and that there is no record of punishment in the Republic of Korea;

It is so decided as per Disposition for the above reasons.

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