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(영문) 서울동부지방법원 2014.07.03 2014고단1197
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one and half years.

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 April 26, 2014, at around 20:30 on April 26, 2014, the Defendant: (a) was found in Gangdong-gu Seoul Metropolitan Government 1st floor C1st, for reasons of drinking friendly victim E and drinking, and (b) caused the victim’s head to the influence of the treatment days; and (c) caused the victim to flow the victim’s head to the influence of the treatment days.

Accordingly, the defendant injured the victim by an illness, which is a dangerous thing.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Application of the photographic Acts and subordinate statutes;

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 the sentence recommended by the sentencing guidelines (determination of types), violent crimes; special injury [decision of the recommended area] mitigated area (decision of the recommended area] (decision of the mitigated area of recommendation), six months to two years and six months;

2. Determination of sentence shall be made in the same way as the order is comprehensively taking into account the following circumstances, such as the confessions of the defendant in the judgment of sentence, the fact that the victim does not want the punishment of the defendant, and the age, character and conduct, occupation, intelligence and environment of the defendant, motive and background of the crime, means and methods of the crime, circumstances after the crime, etc.

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