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(영문) 서울중앙지방법원 2014.09.16 2014고단4542
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:30 on April 17, 2014, the Defendant, while drinking alcohol with 6-7 previous company fellows and 1716 at the inner bank of Jung-gu Seoul, Jung-gu, Seoul, on the ground that the victim D (the age of 49) was at the age of her age, she was at the time of vision, and she was at the seat of a luxane who was placed on the floor and her head was her head once.

As a result, the defendant used an empty disease, which is a dangerous object, to inflict damage on the reputation of the head part in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Trial records at the first time;

1. Statement of D police statement;

1. Medical opinion, medical record, certificate of issuance of copies, emergency room records, and emergency room records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the inquiry and reply about injury of the victim);

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

1. Article 62 (1) of the Criminal Act (including the circumstances, etc. described in the following reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act (the decision of the type of punishment) is the type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), the injury by repeated injury, and the special injury (Special Contributor) - In a case where the mitigated element is not punished (including serious efforts to recover damage), or considerable damage has been recovered (the scope of recommending punishment) [the range of recommending punishment] 1 year, June, 2 years and 6 (the decision of the sentence] / the crime of this case is not very good, such as taking the victim's head to a minor who is a dangerous object], but Article 51 of the Criminal Act, such as the fact that the defendant reflects the crime of this case, the fact that the victim did not want the punishment against the defendant and agreed with the victim, the fact that the defendant has no criminal history of suspended sentence or more, the defendant's age, character

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