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(영문) 서울동부지방법원 2015.02.12 2014고단3781
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 00:10 on December 7, 2014, the Defendant served with the victim E, who drinks alcoholic beverages together with the victim E in Gangdong-gu Seoul Metropolitan Government, and gave lessons to the victim, and the victim resisted against the Defendant’s face and took a dangerous thing at the Defendant’s face, which was a dangerous thing at the Defendant’s face, the head part of the victim’s head was cut, and the victim suffered injury to the degree of 30 meters of head, where the number of treatment days cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to on-site photographs and investigation reports (explosion and investigation of shots);

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 Recommendation] In the case where the mitigated area (one year and six months to six months), the mitigated area (including a person who has been specially mitigated), the punishment not (including a serious effort to recover damage) or considerable damage was restored (the decision of sentence] (the crime of this case was committed in the course of the defendant's drinking and drinking, and is considerably highly dangerous danger of the crime, and there is a history of punishment by a fine for the same kind of crime.

However, the fact that the defendant is recognized to commit the crime, and that the victim was assaulted first, resulting in a contingent crime, and that the agreement with the victim was reached is favorable.

In addition, the circumstances leading up to the defendant's crime, the age, character and conduct, environment, motive and circumstances of the crime, the result of the crime, the circumstances after the crime, etc. specified in Article 51 of the Criminal Act.

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