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(영문) 서울북부지방법원 2015.11.17 2015고단3208
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2015, around 01:15, the Defendant, at the front of the “D convenience store” located in Seongbuk-gu Seoul Metropolitan Government, brought a dispute with the victim while drinking together with his figures, including the victim E (the age of 46), and brought the victim’s head once.

As a result, the defendant put the victim into two sides and the right hand part of the victim's 14-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The face photograph and site photograph of the victim;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Where the mitigation area (1 year and six months to two years), mitigation area (1 year and six months to six months), penalty exemption (including advanced efforts for recovery of damage), or considerable damage has been restored to the sentencing criteria [Scope of recommendation] for habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, and special injury) for habitual injury;

2. In full view of the circumstances, such as the fact that the defendant who was sentenced to the sentence was injured by the beer of a dangerous object, the victim has a history of assaulting several times, the victim wanted to be punished by severe punishment against the defendant by submitting a written agreement, the defendant has no criminal power for the same kind of punishment, the favorable circumstances, such as the fact that the defendant's age, character and conduct, family relationship, relationship with the victim, and the subsequent progress, etc., and other favorable conditions of sentencing, such as the defendant's age, character and conduct, family relationship, relationship with the victim, etc., the execution of the sentence shall be suspended on the condition of probation and community service order;

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