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(영문) 서울동부지방법원 2013.10.17 2013고단2131
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on July 31, 2013, the Defendant believed that the victim E (the age of 56) who was the next table guest of Gangdong-gu Seoul was able to talk about music, such as a colorphone, while drinking alcohol at D main points located in Gangdong-gu Seoul Metropolitan Government, and that the victim was able to talk about music.

As a result, the Defendant 500c glass, which is a dangerous thing, brought two heats where the number of days of treatment can not be known by putting the head of the victim's hair.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. A medical certificate and a written result of autopsy;

1. Application of statutes on site photographs, victims' photographs, and copies of medical records;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2(1) of the Criminal Act on probation and community service order is that the defendant does not fully compensate the victim for the damage or receive a letter from the victim.

However, it is ordered as ordered by taking into account all the circumstances, such as the fact that the defendant repents his mistake, that the defendant deposited 2 million won for the victim, that the defendant has no record of the same crime and of the suspension of qualification or more, that there is no record of the crime, medical expenses spent by the victim, the age, character and conduct, environment, family relationship, occupation, etc.

It is so decided as per Disposition for the above reasons.

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