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(영문) 서울북부지방법원 2015.11.11 2015고단2984
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 12, 2015, around 04:25, the Defendant offered a proposal to the victim for drinking in front of the D convenience store located in Seongbuk-gu Seoul Metropolitan Government with the victim E (53 years of age) while drinking alcohol, but the victim refused to do so. However, the Defendant saw the victim's face to the above shoulderer, which is a dangerous object after leaving the ground, and cut off on the ground, and then cut off as the victim's face one time with the shoulderer, and then cut off the hacker's seat, which is a dangerous object after leaving the ground, and cut off the hacker's disease on the hackb, thereby preventing the victim from drinking it.

Accordingly, the defendant caused a shouldered softener disease, which is a dangerous object, to put the victim into a studio window with a little number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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. The defendant and his defense counsel asserted that he was in a state of mental disorder or mental retardation by stating that the defendant was in a state of mental disorder or mental retardation because he stated that he had no memory under the influence of alcohol at the time of the crime of this case. Thus, according to each of the above evidence, even though he was found that he had drinking alcohol at the time of the crime of this case, he did not have the ability to discern things or make decisions due to it.

The above assertion cannot be accepted as it seems to be in a state or weak condition.

The reason for sentencing [Scope of Recommendation] A type of habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, and special injury) shall be mitigated (one year and six months to two years) (special mitigation) (including serious efforts to recover damage) or considerable damage shall be recovered.

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