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(영문) 서울동부지방법원 2015.05.28 2015고단902
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 11, 2015, the Defendant: (a) around 21:15, at the “D” restaurant located in Seongdong-gu Seoul Metropolitan Government, and (b) while drinking alcohol with the victim E (n, 63 years of age) on the ground that the victim would desire the Defendant, the Defendant was faced with the victim’s face, and inflicted injury on the victim, such as cobranes, bones, pulverization, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : The sentence was determined as shown in the Disposition, comprehensively taking into account the following factors: (a) type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi............ (b) the mitigated area (including efforts to recover damage) (i.e., serious effort to recover damage) or considerable partial damage: (i) the applicable sentences and the recommended sentences in December 6-2 and June 196 [Pronouncement Decision]; (ii) the background and content of the instant crime; (iii) the degree of damage; (iv) the confession and the agreement with the victim; (iv) the confession were made on June 2002; and (v) there were no criminal records

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