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(영문) 서울중앙지방법원 2015.03.18 2014고단8411
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 September 4, 2014, at around 03:20, the Defendant brought about a dispute with the victim E (year 45) while drinking in Jung-gu Seoul, Jung-gu with the victim. On September 4, 2014, the Defendant putting the victim's head into the left hand and put the victim's head into an unexplosion of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Photographs photographs of the body of the victim;

1. Application of Acts and subordinate statutes to investigation reports (victim E-Listening reports);

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 the type] for the sentencing of Article 62 (1) of the Act on the Suspension of Execution - In the case of habitual injury, repeated injury, and special injury (a person who has been habitually injured, repeated crime, and special injury) - In the case of minor injury of mitigation elements, non-influence of punishment (including serious efforts to recover damage), or restoration of considerable damage (decision of the recommended area] Special mitigation Area - from September to February 6 (decision of the recommended area] Imprisonment with prison labor for 1 year and six months (see, e.g., circumstances of the crime, degree of violence and injury, degree of injury, and non-existence of the victim's punishment) - The decision of the suspended sentence - The decision of the suspended sentence of sentence - the recommendation of the sentencing criteria: Minor injury,

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