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(영문) 서울남부지방법원 2014.06.18 2011고단4277
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 June 24, 2011, the Defendant: (a) around 01:00, when drinking alcohol in the “E” operated by the Victim D (A, 38 years of age) in Guro-gu Seoul Metropolitan City; (b) however, when the victim said that there was no hys, the Defendant she saw the victim’s head knife with the victim’s left hand while taking the hysium; (c) she flicked the victim’s head knife with the victim’s hand; and (d) she flicked the knife of the empty beer’s head knife, which is a dangerous thing on the table of the table by hand.

이로써 피고인은 피해자에게 왼쪽 머리 부위에 약 4cm 가량의 열창이 생겨 8바늘을 꿰매게 하는 등 치료일수 미상의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the DNA statement section);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs extending part of bodily injury to 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence;

1. The scope of recommendations according to the sentencing criteria [type of crime] shall be limited to the range of punishment [special mitigation factors] of habitual injury, repeated injury, special injury (special mitigation factors], and the penalty not to be imposed (the scope of sentence of recommendation], and one year and six months through six months, respectively;

2. The crime of this case in which the sentence of sentence is determined is that the defendant inflicts bodily injury upon the victim by getting the head of the victim from the beer disease, which is a deadly weapon. However, the crime of this case is committed while the defendant led to the confession of the crime of this case, which reflects his mistake, and the victim does not want the punishment of the defendant. The crime of this case appears to have been committed by contingently, and the defendant has no record of special criminal punishment in the Republic of Korea.

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