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(영문) 서울서부지방법원 2014.06.25 2014고단1023
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 April 17, 2014, around 01:05, the Defendant: (a) at the main point of “D” located in Eunpyeong-gu Seoul Metropolitan Government, on the ground that the victim E (35 years of age) was unable to slickly leave the Defendant; and (b) was slicker with the victim’s head one time with the beer, which is a dangerous object on the table or the table, on the part of the Defendant, on the ground that the victim E (35 years of age), said he was slickly slick; and (c) said, the victim’s head was flicked by the victim, and slicked and sealed the victim’s head.

As a result, the Defendant inflicted bodily injury on the victim who could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes to photographs (scoper’s disease and body shooting);

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. The defense counsel's assertion of the defense counsel under Article 62 (1) of the suspended sentence of the Criminal Act asserts to the effect that the defendant was in a state of mental disorder or mental disorder by drinking alcohol at the time of the crime of this case. Thus, according to the above evidence, it cannot be seen that the defendant was aware that he had a certain degree of drinking alcohol at the time of the crime of this case, but it cannot be seen that the defendant had a weak ability to discern things or make decisions, and thus, the above argument

The reason for sentencing [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury (Habitual Injury, Bodi Bodily Injury and Bodily Injury) mitigation area (1 year and six months through two years and six months), punishment not to be imposed (including serious efforts to recover damage), or where considerable damage has been restored (the decision of sentence] (the defendant's decision of sentence] the crime of this case where he saw the victim's head to be a beer disease on the ground that he listens to the horses of the victim and is bad.

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