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(영문) 서울북부지방법원 2015.07.28 2015고단1654
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

At around 00:20 on April 21, 2015, the Defendant: (a) when the victim E (31 years of age) was found in the “Dice” located in Dongdaemun-gu Seoul Metropolitan Government on the ground that the Defendant saw the Defendant, and caused beer disease, which is a dangerous object on the table, and got the victim to the beer disease; (b) caused the beer’s left hand floor of the victim’s hand and the falls of the knive hand; (c) caused the victim’s bodily injury to the victim for 6 weeks of 5 meters of right-hand hand, which requires six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Photographs of the body part of the victim;

1. A medical certificate;

1. Report of investigation (to extract CCTVs if a suspect commits a crime, and to record video images if a suspect commits a crime);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. Where the mitigation area (1 year and six months to two years), mitigation area (1 year and six months to six months), penalty exemption (including advanced efforts for recovery of damage), or considerable damage has been restored to the sentencing criteria [Scope of recommendation] for habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, and special injury) for habitual injury;

2. Determination of sentence: (a) the Defendant was suffering from a beer disease, which is an object dangerous to the Defendant, and was subject to punishment once for violent crimes; (b) the Defendant agreed to pay 5 million won to the victim and agreed to do so; (c) the Defendant has no record of punishment exceeding the fine; (d) the Defendant’s age, character and conduct, family relationship, circumstances of this case, and the subsequent progress, etc.; and (e) the sentence identical to the order shall be determined by comprehensively taking account of the following factors: (a) the execution of the sentence shall be suspended; and (b

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