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(영문) 서울중앙지방법원 2015.06.12 2015고단1978
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

On March 22, 2015, around 12:30 on March 2, 2015, the Defendant, while drinking together with the second floor of the cafeteria of “D Heavyty” restaurant in Seocho-gu Seoul Metropolitan Government, had been doing a dispute with the victim E (the age of 44) and, at the same time, was a beer disease, which is a dangerous object on his/her customer, and caused an injury to the victim by taking care of the victim’s head and taking care of the victim’s face by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Application of each statute on photographs;

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 (i.e., the penology, the fact that there is no criminal conviction of imprisonment without prison labor or any heavier punishment, and the fact that there is a smooth agreement with the victim);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

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