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(영문) 서울남부지방법원 2016.04.06 2015고단4348
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 07:00 on October 2, 2015, the Defendant: (a) was a major liquor, which is a dangerous object that was under the influence of alcohol in the Gangseo-gu Seoul Metropolitan Government C underground room, and (b) went back once from the head of the victim D(43 tax). After drinking, the Defendant got about two weeks of treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs showing an injury to on-site photograph and suspects;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act committed the instant crime even though the Defendant had been punished several times in the past.

The crime of this case, which is a dangerous object, inflicted an injury on the owner of a dangerous object, shall be deemed to be less than that of the crime of this case

subsection (b) of this section.

It was not possible to receive a letter from the injured party.

However, the crime of this case is a criminal act committed by the defendant in a contingent manner while being breath under the influence of alcohol, such as the victim.

The degree of injury suffered by the victim is not much serious.

The defendant's mistake is divided.

Currently, there is a need for medical treatment for a considerable period of time due to alcohol addiction in the future.

The sentence shall be determined as ordered in consideration of the above circumstances.

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