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(영문) 서울남부지방법원 2014.12.16 2014고단4009
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 27, 2014, at around 02:00, the Defendant saw a victim E (year 54) who drinked alcoholic beverage from the next table table on the ground that drinking alcohol would be bad from the “Dju store” located under the Yeongdeungpo-gu Seoul Metropolitan Government Underground 1st Ground, and then saw the victim’s head, who was in danger of being discharged from the beer disease, one time, and got off the victim’s head, who was in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. On-site photographs;

1. The defense counsel in the judgment of the defense counsel in the medical certificate of diagnosis asserts that the defendant was in a state of mental and physical disability, such as the defendant was unable to memory under the influence of alcohol at the time of the crime of this case. Thus, in full view of the evidence duly admitted and examined by the court, the defendant is deemed to have drank a little amount of alcohol at the time of the crime of this case, but it cannot be deemed that the defendant lacks the ability to discern things due to

Application of Statutes

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 (1) of the Social Service Order Criminal Act [Scope of Recommendation] The sentence shall be determined within the scope of the recommended sentencing guidelines and the execution thereof shall be postponed, taking into account the following circumstances: (a) the mitigated area (one year and six months to two years and six months) of habitual injury, repeated injury, and special injury [special mitigation] of the mitigated area (a year and six months) (a year and six months to a special mitigation] of minor injury [a sentence] of minor injury (a special mitigation] of a person who committed contingent injury in the state of drinking]; and (b) the fact that a person has no criminal record of imprisonment without prison labor or more, etc., within the scope of the recommended sentencing guidelines; and (c)

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