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(영문) 서울중앙지방법원 2016.03.10 2015고단8304
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 becomes final and conclusive.

Reasons

Punishment of the crime

On December 8, 2015, at around 00:55, the Defendant, while drinking with the victim E (47 aged) and drinking with the workplace club in Dongjak-gu Seoul Metropolitan Government, Dongjak-gu, and 1st floor “D main shop,” suffered a bodily injury due to the Defendant’s back portion of the victim’s head on one occasion due to an empty bottle, which is a dangerous object on the table, and caused the injury to the victim by tearing the left back part of the victim’s head that cannot be identified as the number of days of treatment.

After all, the Defendant carried a dangerous object, an empty disease, and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to victim E photograph;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the suspended sentence (see, e.g., taking into account the following favorable circumstances): The defendant’s price of a dangerous object likely to cause serious damage under the influence of alcohol and causing injury to the victim: The defendant is in profoundly against his fault; the victim does not want the punishment; and the decision of a suspended sentence that has no record of having been sentenced to a fine or a heavier punishment: The above circumstances and the motive of the instant crime, degree of damage, relationship with the victim, the defendant’s age, sexual behavior, career, and environment, shall be determined as per the disposition, comprehensively taking into account all the various circumstances that

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