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(영문) 서울중앙지방법원 2013.09.26 2013고단4371
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on May 7, 2013, the Defendant, at the Dju's room room located in Gangnam-gu Seoul Metropolitan Government, was in fluorous with the victim E (the age of 40) who is a waitter and the customer ice, and was fluorous with the victim's flusium, which was a dangerous product on the table, and was fluorous with the victim's cocon, thereby causing an injury to the victim for approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Comparison and evaluation of the reasons for suspension of execution comprehensively by comparing and assessing the scope of the recommended punishment [decision of type] violence, special injury (including a special person who has committed a serious effort to recover damage] punishment (including a serious effort to recover damage), or where considerable damage has been recovered (the scope of the recommended punishment] [the scope of mitigation] imprisonment from June to February (general person] from the date of suspension of execution] - there is no record of criminal punishment (whether to suspend of execution) - Where a person commits a crime by carrying a deadly weapon or other dangerous articles carrying a deadly weapon or other dangerous articles: There is no record of criminal punishment; - General pride grounds for suspension of punishment (including a serious effort to recover damage); clear social relation; contingent crimes; serious reflects; and there is no criminal record exceeding the suspension of execution or more criminal records;

2. One and half years of imprisonment with prison labor and two years of suspended execution;

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