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(영문) 서울서부지방법원 2015.11.11 2015고단2269
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

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 August 25, 2010, at around 20:25, the Defendant, along with the “Dju” located in Yongsan-gu Seoul Metropolitan Government, sold the victim’s face to the victim E (the age of 42) who was drinking together with the victim E (the age of 42).

As a result, the defendant carried dangerous things with the victim's body and put the victim into a heart of the end of the treatment days and the part above the co.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following reasons for sentencing) is [the scope of recommendation] the special mitigation area (9 to 2.6 months) of the type 1 of the Act on the Aggravated Punishment (including habitual injury, repeated injury, special injury), the special mitigation area (9 to 2.6 months), the self-denunciation or internal accusation, the non-compliance with punishment (including serious efforts to recover damage) or considerable damage (the decision of sentence] of the Act on the Aggravated Punishment, but the decision of sentence is not easy, but it is recognized that the defendant recognizes and expresses his mistake, surrenders himself and agrees with the victim, the fact that the defendant seems to have resulted in the crime of this case while drinking, and the fact that the alcohol seems to result in the accident of this case is likely to result in the crime of this case by taking into account various conditions of sentencing as shown in the arguments of this case, such as the age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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