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(영문) 서울동부지방법원 2013.09.12 2013고단1696
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:50 on 28, 2013, the Defendant purchased beer in front of the D convenience stores located in G, with a view to the purchase of beer, the Defendant, without any justifiable reason, inflicted an injury on the victim E (the age of 45) who is another customer, by using the beer and beer’s disease, on one occasion the left part of the head of the victim E (the age of 45) who is the other customer, by taking about 3 to 4 times the face of the above victim on one occasion.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. A report on hearing statements made by victims E;

1. Application of the medical certificate, each photographic statute;

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 (the fact that the degree of injury is not relatively heavy and the degree of injury is not reflected, the fact that there is no previous conviction in the same kind, etc.);

1. Article 62 (1) of the Criminal Act (the fact that a victim is not subject to punishment under an agreement, etc.);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] - In the case of habitual injury, repeated injury, special injury (special person] habitually injured, repeated injury, special injury [including serious efforts to recover damage] - In the case of punishment of mitigation elements (including serious damage), or where considerable damage has been recovered, [the scope of recommendation area] 2 to 4 years [the scope of recommendation area] - In the case of repeated crime against a large number of unspecified or unspecified victims, or over a considerable period of time / [the scope of punishment] 2 to 4 years [the scope of recommendation area] - In the case of serious reflection of mitigation elements [the scope of punishment] - the applicable provisions of applicable Acts / [the scope of punishment] : 3 years or more [the period of suspension of execution of sentence] - The main motive: Where a negative organization or multiple force has been committed, or carried with a deadly weapon or other dangerous articles, it shall be negative as to whether it has been committed: the main reason for affirmative punishment (including a serious reason for recovery of damage).

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