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(영문) 서울동부지방법원 2015.02.05 2014고단4026
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one and half years.

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 December 17, 2014, the Defendant: (a) around 04:00 on December 17, 2014, at D main points located in the first floor of Songpa-gu Seoul (inns, 52 years of age) and drinking, the Defendant did not come to his own mind while drinking alcohol; and (b) landed the victim’s head with a beer disease, which is a dangerous object on his customer.

As a result, the Defendant inflicted bodily injury on the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 subparagraph 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. Scope of the sentence recommended by the sentencing guidelines (determination of types), violent crimes; special injury [decision of the recommended area] mitigated area (decision of the recommended area] (decision of the mitigated area of recommendation), six months to two years and six months;

2. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration the overall circumstances shown in pleadings, such as the fact that the defendant makes a confession and reflects on the sentence, the fact that there is no history of punishment imposed or beyond the fine for the same kind of crime, the fact that serious bodily injury has occurred, the fact that an agreement has been made with the victim and other circumstances mentioned therein, such as the age, character and conduct, occupation, intelligence and environment of the defendant, motive and background of the crime

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