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(영문) 서울남부지방법원 2014.09.03 2014고단2580
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

On May 3, 2014, at the E restaurant located in Guro-gu Seoul Metropolitan Government on May 18:20, the Defendant assessed the face of the victim by beer disease, which is a dangerous article on the mebbbb with a trial expense, while drinking alcohol together with the victim F (the age of 49). On May 3, 2014, the Defendant put about approximately 15cm on the left left part, about 5cm on the left part, where the number of treatment days cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement of F and G;

1. Application of statutes on photographs of damage;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence;

1. The scope of recommendations according to the sentencing criteria [type of crime] shall be limited to the range of punishment [special mitigation factors] of habitual injury, repeated injury, special injury (special mitigation factors], and the penalty not to be imposed (the scope of sentence of recommendation], and one year and six months through six months, respectively;

2. The crime of this case, which was sentenced to sentence, is one of the crimes that the defendant inflicted an injury upon the victim's face with beer disease, which is a deadly weapon. However, the crime of this case is committed in consideration of the following circumstances: the defendant led to the confession of the crime of this case and reflects his mistake; the victim wanted to find out his wife against the defendant; the crime of this case seems to have been committed in a contingent manner; the defendant has no record of special criminal punishment in the Republic of Korea; the defendant has no record of criminal punishment in the Republic of Korea; the defendant's age, character, character, environment, circumstances, means and result of the crime; and all kinds of sentencing conditions, including the circumstances after the crime,

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