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(영문) 서울남부지방법원 2015.04.16 2013고단4031
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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A defendant shall be punished by imprisonment for one and half years.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 21:00 on October 13, 2013, the Defendant: (a) placed a beer’s disease cited by the victim E (the age of 32) who walked along the roadside in Geumcheon-gu Seoul Metropolitan Government “Dcafeteria”; and (b) placed the beer’s disease that the victim Da Da Da was called “I” on the ground that the victim Do Da Da Da Do Do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes governing body photographs;

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. Scope of recommendations: Two to four years in the basic field of violence (special injury) category 1; and

2. Special-purposes: Reduction due to mitigation factors (limited to efforts to recover damage): From one year and six months to two years and six months;

3. In light of the fact that the defendant who was sentenced to the sentence did not have any particular circumstance and did not inflict any injury upon the victim due to beer who is a dangerous object, the possibility of criticism against the defendant is not small. However, in light of the fact that the defendant had no special criminal record prior to this case, and that there was no serious result due to this case's crime, the defendant's age, environment, and circumstances after the crime, etc., the defendant was sentenced to a suspended sentence of imprisonment with prison labor.

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

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