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(영문) 서울중앙지방법원 2016.08.25 2016고단3165
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 3, 2016, around 11:50 on March 3, 2016, the Defendant, while driving a car on the street in front of two 5-lanes of Jongno-gu Seoul, Jongno-gu, Seoul, for the reason that he was fluored with the victim D (32 tax) who is fluor, was in a dispute, and fluored with a dangerous object within a bridge between vehicles. The Defendant fluoring golf bonds, which are dangerous objects within a bridge between vehicles.

Happing away from the victim's golf, the victim's shoulder was flicked once, and the victim's face was flicked by drinking, and the victim suffered bodily injury, such as salt, tension, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. A certificate of diagnosis of an injury, or photographic part of an injury;

1. Application of Acts and subordinate statutes to each CCTV image data;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that the following conditions are favorable):

1. Reasons for sentencing disadvantageous to the defendant under Article 62-2 of the Social Service Order Criminal Act: The defendant citing dangerous things on the grounds that it is difficult for him to understand, and causing bodily injury to the victim; in light of such violent tendency and result, etc., the crime is not good, and the damage was sufficiently recovered without agreement with the victim.

A normal situation that is difficult to see: A sentence shall be determined as ordered by the court, taking into account all the circumstances that are the conditions for sentencing specified in the arguments of this case, such as the above circumstances and the defendant's age, sexual conduct, career, home environment, motive and means of the crime, circumstances after the crime, etc., and the fact that there is no relatively heavy damage, the victim's deposit of KRW 2 million for the victim, and the long-term previous years, but there are no past records of criminal punishment:

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