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(영문) 서울중앙지방법원 2013.04.04 2012고단3417
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for a term of one and half years.

However, 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

The defendant is a person who is accommodated in front of the street 4-line Seoul subway line in Seongbuk-gu Seoul Metropolitan Government.

At around 22:50 on May 8, 2012, the Defendant, along with the victim C (the age of 69), performed drinking in front of the road basin with the victim C (the age of 69) and carried out a dispute with the said victim. On the part of the said victim, the Defendant, with the chair who was dangerous in the place of the said file, carried with him/her the left shoulder of the said victim and the left part of the said file with him/her, sold the left shoulder and the left part of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the photographic Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing [Determination of Punishment] of Article 62-2(1) and the main sentence of Article 62-2(2) of the Probation Criminal Act: Minor injury [Scope of Recommendation] - June - 2 years and 6 months - (whether suspended sentence is suspended or not] positive factors: Considering the fact that minor injury, contingent crime, serious reflect [decision of sentence] risk, the fact that there is no agreement with the victim, etc. as unfavorable factors for sentencing. Considering the fact that the instant crime was committed by contingency, the degree of injury compared to the risk of the act, the fact that the Defendant is against the risk of the act, etc., it shall be considered as favorable factors for sentencing, and considering the age, environment, the circumstances of the instant crime, the circumstances of the instant crime, and the circumstances after the crime, all of the sentencing factors indicated in the records of the instant case, the sentence shall be determined as ordered.

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