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(영문) 전주지방법원 2015.12.09 2015고단1751
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of 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 24, 2015, the Defendant: (a) around 22:30 on September 24, 2015, the Victim E (the 53-year-old-old-old-gu-si) who drinked alcoholic beverages in other table table C, while drinking alcoholic beverages at the “D cafeteria” located in Seojin-gu-gu-gu Seoul Special Metropolitan City. The Defendant inflicted an injury on the victim, such as the damage of the fluor’s body part, which requires the victim’s treatment for approximately two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect against the defendant or E;

1. On-site photographs;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

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 sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of the recommended sentence] In the case of habitual injury, repeated injury, and special injury (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), the mitigation area (one year to two months), the mitigation area (a year and six months), the punishment not to be imposed (including efforts to recover damage), or where considerable damage is recovered (a sentence decision is rendered] one year and six months, the suspended sentence two years: the crime is not good in light of the means of the instant crime, the degree of damage, etc.; on the other hand, the defendant agreed with the victim; the victim of the instant crime is not wanting to be punished; the victim is also responsible for the occurrence of the instant case; the defendant is led to confession and the defendant is against the victim; and other factors are considered;

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