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(영문) 서울중앙지방법원 2014.07.08 2014고단3378
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

At around 02:40 on April 16, 2014, the Defendant, at the main point of “E” operated by the victim D (n, 48 years of age) in Jung-gu Seoul Metropolitan Government, had the victim talked about the past male-friendly talks with the victim, which is a dangerous object on the table, and caused the victim to her head and to cut down the two skins of the victim.

In this respect, the defendant carried dangerous articles with the victim and suffered two strings in the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes, such as site 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 Defendant and his defense counsel asserts to the effect that the Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

According to the records, although the defendant was found to have drinking at the time of the crime of this case, it does not seem that the defendant lacks the ability to discern things or make decisions.

The defendant and defense counsel's assertion are not accepted.

The reason for sentencing [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury, Type 1 (Habitual Injury, Bodi Bodi Bodily Injury and Bodily Injury), the special mitigation area (referring to nine months of imprisonment or two years and six months of imprisonment), a minor injury, a violation of punishment (including a serious effort to recover damage), or a recovery of considerable damage (a decision of sentence] the decision of sentence is heavier than the nature of the crime in light of the substance and form of the crime in this case, such as where the defendant was faced with the beer who is a dangerous object and was faced with the head of the victim.

However, the defendant has the same criminal records or records.

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