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(영문) 서울중앙지방법원 2016.02.04 2015고단7642
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 04:15 on November 20, 2015, the Defendant does not love the victim E with “D” at the restaurant of “D” located in Gwanak-gu, Seoul Special Metropolitan City.

“As a result of hearing a horse, he did not string the string and string the bringer, which is a dangerous object containing a stringing station, and string the body of the injured party, and the bringer, which is a dangerous object, caused the victim to undergo approximately two weeks of treatment by making the head of the injured party one time, and caused the victim to undergo two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the defendant;

1. E statements;

1. Application of statutes on site photographs and diagnostic certificates;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended punishment] Habitual injury, repeated crime injury, and special injury to the victim (one year to two years and six months) / [the person who is specially mitigated] who is not subject to punishment (the decision of sentence] unfavorable: In light of the method of crime and the degree of injury to the victim, etc., the circumstances in which the crime is bad: The defendant agreed smoothly with the victim and the victim does not want the punishment against the defendant; the victim does not want the punishment against the defendant; the defendant has no record of criminal punishment; the defendant's age, sexual behavior, environment, motive and consequence of the crime; circumstances after the crime, etc. shall be determined as per the order, taking into consideration various conditions of sentencing as shown in the arguments of this case.

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