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(영문) 서울중앙지방법원 2015.06.10 2015고단1881
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 becomes final and conclusive.

Reasons

Punishment of the crime

On February 19, 2015, the Defendant, around 21:25, 2015, while drinking in a F cafeteria located in Nanyang-gun E, the Defendant laid down the head of the victim on one occasion by gathering an empty son’s disease, which is a dangerous object on the table, on the ground that the victim G (Nam, 57 years of age) takes a horse, and caused the victim’s injury, such as cerebral spawn, which is not known in detail for two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Determination of a type] for a habitual injury, repeated injury, and special injury (a person who has been habitually injured, repeated crime and special injury) - (a person who has been specially injured): Reduction element: In the mitigated area of minor injury [decision of the recommended area]: Imprisonment with prison labor for a year and six months (decision of a sentence: a year and six months from June to two years [decision of a sentence] (see, e.g., the background of the crime, the fact that the injury is not heavy, the fact that the victim was deposited with a dangerous article] - Where a person committed a crime by carrying a dangerous article with a dangerous article, the reason for the positive reference - Where a person committed a crime by comprehensively comparing and evaluating the reasons for the recommendation of sentencing guidelines: A decision of suspension of execution - A decision of suspension of execution by comprehensively comparing and evaluating the reasons for consideration

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