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(영문) 서울동부지방법원 2014.11.27 2014고단2828
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on September 11, 2014, the Defendant, at the cafeteria of the trade name D located in Gwangjin-gu Seoul Special Metropolitan City, brought an injury to the victim E (the age of 49) and the driver’s disease, which is a dangerous object in the chemical dispute with the victim E (the age of 49) and caused the victim not to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to on-site photographs, victim photographs, investigation reports (related to shot currency), and investigation reports (Listening to statements of victims);

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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Where the mitigated area (i.e., type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodily Injury and Bodi Bodily Injury) (i.e., Special Mitigation), the mitigated area (i., one year and six months to two months), the punishment not (including efforts to recover damage), or considerable damage has been recovered (i.e., the decision of the sentenced sentence] the crime of this case is not very good in light of the risk, etc. of the crime committed by the Defendant by putting the injured person out of a minor who is a dangerous object of the victim’s head during a dispute.

However, the fact that the defendant has recognized the crime, the victim does not want the punishment, and the defendant has no previous conviction except for punishment as a fine once for the same kind of crime in long time.

In addition, the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, family relationship, occupation, etc., shall be determined as the disposition.

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