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(영문) 서울남부지방법원 2015.05.27 2015고단1416
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 March 21, 2015, around 22:30 on March 21, 2015, the Defendant, at Dhop house located in the Geumcheon-gu Seoul Metropolitan City Seoul Metropolitan Government C market, had the victim E (the age of 43) face with beer disease, which is an object of sudden danger, and had the victim's face face, and had the victim's unknown number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to photographs of victims;

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, the group of habitual injury, the special injury for repeated offense, the type one (the special injury for habitual injury, the special injury for repeated offense), and the area of mitigation (the areas of special mitigation (the areas of punishment shall not be imposed);

2. Major reasons for a stay of execution - positive reasons for a stay of execution - No history of criminal punishment, and where a person commits a crime by carrying a dangerous article with him/her, the reason for general participation - positive: contingent crimes, serious radius;

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and two years of suspended sentence; and

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