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(영문) 서울남부지방법원 2015.06.05 2015고단243
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

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

Reasons

Punishment of the crime

At around 00:20 on December 28, 2014, the Defendant: (a) 1 studio in Gangseo-gu Seoul Metropolitan Government 1, “D” in the said main shop E (33 years of age) demanded from the victim E (the owner of the said main shop) to calculate the drinking value in advance; (b) kid the victim’s chest by hand; (c) kid the beer who was on the table on the table for the victim; and (d) kid the beer’s disease on the table for about 14 days in need of treatment; and (e) kids without any damage to the part of the victim; and (e) kids that caused damage to the part of the victim, the Defendant carried the beer’s body by pushing the victim with the upper part of the main shop outside the room while pushing the victim; and (e) kid the beer’s disease; and (e) putting the victim with the shocker’s body by threatening the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. On-site reports and site photographs;

1. A written diagnosis of injury;

1. Application of CCTV-related Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act concerning the punishment of a deadly weapon;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Act on the Suspension of Execution are the following crimes: The scope of the final sentence due to the aggravation of punishment (including a person subject to special mitigation) for the mitigated area (one year and six months to two years), the mitigated area (including a serious effort to recover damage), the mitigated area (4 months to one year and one year), the mitigated area (4 months and one year), the mitigated area (including a serious effort to mitigate damage), the mitigated area (4 months to one year), the mitigated area of punishment (including a serious effort to recover damage) (including a person subject to special mitigation): one year and six months to three years (decision of a sentence).

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