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(영문) 서울남부지방법원 2015.11.05 2015고단4163
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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

On June 23, 2015, around 03:30 on June 23, 2015, the Defendant, while drinking together with E, the Defendant’s daily behaviors in Geumcheon-gu Seoul Metropolitan Government, brought a dispute with the Defendant on the ground that the Victim F (the age of 48) who f. (the age of 48) was f.o.b. in drinking at the beginning.

The Defendant saw the victim's head, flobing, etc. with E, and floblyed the victim's head, which is a dangerous object in the vicinity, such as flobing, etc., and 66 cm in length, and led the victim to tear.

Accordingly, the defendant put the victim into two strings due to the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Application of each statute on 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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] In the case of habitual injury, repeated injury, and special injury [Special Mitigation] type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), the mitigated area (1 year and June 2), or considerable damage recovery (including efforts to recover damage), the decision of sentencing is not easy in light of the circumstances leading to the instant crime, methods of the crime, degree of damage, etc., but the liability for the crime is not easy in light of the circumstance leading to the instant crime, but the fact that the criminal defendant is recognized and reflects the crime, the victim does not want the punishment of the criminal defendant, the fact that the criminal defendant does not have any history of punishment by violence,

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