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(영문) 서울북부지방법원 2015.11.19 2015고단3174
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than 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

At around 01:40 on July 29, 2015, the Defendant: (a) while drinking alcohol at the main point of “D” in Jung-gu Seoul, Jung-gu, Seoul; (b) had been reported by the victim E (the age of 30) on the next table to the above employee that the said employee “Is the other party.” (the age of 30) told the said employee to “Is the other party.” In line with the victim’s right blus, which is an object dangerous to the side while taking a bath for the victim.

As a result, the defendant carried dangerous objects with the victim, and put the victim into a control over the right side that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. The photograph of a stuffed drinking water in a DNA store;

1. The photograph that is held in excess of a lider within the four main points and has a shouldered bottled well-being the floor, and has a glass;

1. Application of Acts and subordinate statutes to the investigation report (in the case of CCTV images located in D key places);

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The range of recommendations on the sentencing guidelines [the range of recommendations] the range of punishment [the range of punishment] shall be the mitigated area (one year and six months from June to two years and six months) of punishment (including serious efforts to recover damage] of habitual injury, repeated injury, special injury) and the mitigated area (one year and six months from June to six months of imprisonment].

3. The defendant who was sentenced to a sentence is deeply divided and reflected in his criminal act; the defendant agreed with the victim on November 9, 2015, which was after the prosecution of this case; the defendant was sentenced to a fine of KRW 200,000 as a violation of the Punishment of Violences, etc. Act in 197; the defendant has no record of criminal punishment for the same crime of this case; and the defendant's age, family relation, and tendency are also subject to the argument of this case.

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