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(영문) 서울중앙지방법원 2013.12.26 2013고단7189
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 22:25 on October 25, 2013, the Defendant heard the phrase “D” restaurant located in Gwanak-gu in Seoul Special Metropolitan City on the following occasions: from the victim E (the age of 48) who had drinking together, the Defendant took a 60-year-old position in relation to the Defendant’s fighting with women under the 60-year-old name and the fight, “packer caused the packer to the said women by taking the packer first.” At the same time, the Defendant saw the word “packer..............................., the Defendant took one time a part of the victim’s head dice ( approximately 25 cm, and approximately 7 m in direct diameter) and puts open with the head mick covered by which the victim could not know

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to damaged parts and field 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. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [decision of types] for the reasons for the sentencing [The reasons for sentencing favorable to the reasons for sentencing] under Article 62(1) of the Criminal Act (the following reasons for sentencing]. Violence: habitual injury, repeated injury, special injury (special person) - The factors for mitigation: [the decision of the recommended area] mitigation area / [the scope of the recommendation area] mitigation area / 1 year and six months to two years [the decision of the sentence] mitigation area / 1 year and six months, suspension of execution - 2 years to six years, the defendant committed a crime - there is no record of the same crime other than the fine one time prior to 30 years, the victim has not been punished by agreement with the victim, and it is necessary to determine the sentence as ordered in consideration of the conditions of sentencing as stipulated in Article 51 of the Criminal Act, such as age, character and behavior of the defendant, environment, and circumstances after the crime.

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