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(영문) 서울서부지방법원 2015.09.23 2015고단1815
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant around 21:40 on April 23, 2015, at the ‘D' restaurant located in Yongsan-gu Seoul Metropolitan Government, the victim E (the 32-year-old age) who is under the age of Yongsan-gu, has reached one time a part of the victim's clothes because the victim E (the 32-year-old age) is a dangerous object on the defendant's friendship F and is a fluor's friendship and has reached one time a part of the victim's clothes.

As a result, the defendant carried dangerous objects and inflicted injury on the victim E, such as open standings of the double wall requiring medical treatment for about four weeks, damage to the institutions in the mouth.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. E prosecutorial statement;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No basic area (two to four years) (two years) of the type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) is [Determination of sentence]. However, the defendant's mistake is recognized and divided, there is no record of criminal punishment in Korea, and there is no record of criminal punishment in Korea, and the victim's payment of KRW 10 million to the victim, etc. The sentence shall be determined as ordered by taking into account the various conditions of sentencing specified in the argument of this case, such as the defendant's age, character and behavior, environment, motive

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