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(영문) 서울남부지방법원 2014.09.25 2014고단3009
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 6, 2014, at around 02:55, the Defendant: (a) considered that he had a dispute with the victim E (30 years of age) while drinking with the victim while drinking with the victim E (30 years of age) and drinking with the victim on the table table located outside the D convenience store in Sjuju City; and (b) caused the victim’s injury, such as the part on the left-hand side part of the victim, which requires treatment for about four weeks, to the left-hand side part of the victim, by fiffing it.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of a medical certificate;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing [the range of recommending sentence] under Article 62 (1) of the Criminal Act (the favorable circumstances below) of the suspended sentence, where the mitigated area (one year and six months to six months), the mitigated area (one year and six months to six months), the penalty not (including advanced efforts to recover damage), or considerable damage (the decision of a sentence] is paid 7 million won as compensation for damage, and agreement is made with the victim by paying 7 million won as compensation for damage, and the execution of the sentence is suspended, taking into account the fact that there is no past record at least one fine, etc., the same sentence as the order shall be set within the recommended range on the sentencing guidelines, and the execution thereof shall be suspended;

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