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(영문) 서울중앙지방법원 2014.10.01 2014고단4592
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 18, 2014, at D main points in Gangnam-gu Seoul Metropolitan Government C2, around 02:00, the Defendant laid the face of the victim E (27 years of age) and laid the face of the victim, which is a dangerous object that was next to the Defendant, and laid the face of the victim, caused approximately 14 days to undergo treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis 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 extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. 사회봉사명령 형법 제62조의2 양형의 이유 [유형의 결정] 폭력범죄, 상습상해누범상해특수상해, 제1유형(상습상해누범상해특수상해) [특별양형인자] - 없음 [권고형의 범위] 징역 2년 ∽ 징역 4년(기본영역) [선고형의 결정] 위험한 물건인 소주병으로 피해자의 얼굴을 때려 상해를 가한 이 사건 범행의 죄질 및 범정이 좋지 못한 점, 그럼에도 피해자와 원만하게 합의하지 못한 점 등은 피고인에게 불리한 정상들이다.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant has no criminal record, the crime of this case has been committed in a drinking place, the fact that the crime of this case has been committed in a contingency among disputes, the defendant deposited 2 million won in the victim's future, and the defendant has divided his mistake and is against his depth.

In light of the above circumstances, the sentencing conditions stated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, are less than the lower limit of the sentence scope.

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