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(영문) 서울북부지방법원 2015.07.22 2015고단1049
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 21:40 on March 15, 2015, the Defendant ordered the victim to drink and take the arms at “D” restaurant located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, but, on the ground that the victim E (Nam, 51 years of age), who is the owner of the business, ignores the victim’s face and body on the ground of disregarding the victim’s customer that “I will bring about a large amount of drinking because I would like to go back to the same match,” and that the victim’s face and body can be taken a time and body, which is a dangerous object used by his/her hand, a test plastic paper containing a link glass bottle (non-lickmon). In one time, the victim’s left snow part of the victim’s flick, who was flicked with the 14-day medical treatment, then the Defendant spambling the victim with the face of the victim for about 14 days.

2. The Defendant committed assault on the ground that the Victim F (or 24 years of age) who had been a customer at the same time and place was frightened by the Defendant, and that the Victim F (or 24 years of age) was frightened by the Defendant, on his hand, by taking the victim’s left eye on one occasion.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 257 (1) of the Criminal Act (the point of inflicting bodily injury on a dangerous object), and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under Acts: One year and six months to sixteen years; and

2. Class 1 (Scope of Recommendation) applicable to the sentencing guidelines (amended by October 1, 2014) (Article 2) (Article 1) applicable to the case where minor injury, non-conformity with punishment (including serious efforts to recover damage) or considerable partial damage is recovered in the area of special mitigation (Article 9-2) (Article 1) applicable to the case of habitual injury, repeated injury, and special injury (Article 1).

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