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(영문) 서울북부지방법원 2014.12.19 2014고단3542
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

At around 18:55 on September 7, 2014, the Defendant inflicted injury on the victim E (year 44) who is a workplace partner and drinking alcohol at D cafeteria located in Dobong-gu Seoul Metropolitan Government, on the ground that the victim did not help the other workplace fellows well, and the victim does not want to do so, on the ground that he did not want to do so, the Defendant sustained the victim’s left end part of the victim’s body, which is a dangerous object on the table table, and continued to sit in once again, and caused the victim’s face at around seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. A written statement;

1. Application of Acts and subordinate statutes of an injury photograph or injury diagnosis report;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (The fact that the defendant repents his/her mistake, appears to be an contingent crime committed under the influence of alcohol, the victim does not want the punishment of the defendant under an agreement with the victim, and the records of the crime, etc. shall be taken into account);

1. It is so decided as per Disposition on the grounds that the suspended execution is more than Article 62 (1) of the Criminal Act (recognisive consideration of the circumstances in the above);

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