(영문) 서울남부지방법원 2016.03.25 2015고단5268

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2016.03.25 2015고단5268

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 04:50 on December 3, 2015, the Defendant: (a) when he was in the Gangseo-gu Seoul Metropolitan Government’s drinking house, and (b) when he was in the process of drinking the victim E (57 tax) and drinking alcohol, the Defendant met with her buck, and (c) when he was in the course of drinking the victim E (57 tax) and the Defendant met with her buck, the Defendant left head of the victim’s left head, which is a dangerous object on the table, and caused the bodily injury where the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on site mobilization in violent incidents;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (amended by Presidential Decree No. 11000, Jan. 1, 2007) takes into account the following favorable circumstances: (a) the defendant's head and inflict injury on the victim by a major illness, which is a dangerous thing; (b) the defendant has a history of having been punished several times for the same kind of crime; (c) the defendant was disadvantageous to the defendant; (d) the defendant repented and took advantage of his mistake; (d) the defendant was smoothly agreed with the victim; (e) the victim does not want the punishment; (e) the degree of injury is not significant; and (e) the defendant has no history of having been sentenced to a fine or more severe punishment; and (e) the defendant's age, sex, motive, means and consequence of the crime; and (e) the conditions of all the punishments specified in the records and theories

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

-형법 제258조의2 제1항

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