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(영문) 서울동부지방법원 2015.08.13 2015고단1606
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

The defendant is a space between the victim C (the age of 62) and that of the society that is well known to him.

At around 23:50 on June 12, 2015, the Defendant, at the office of “E company” operated by the Defendant located in Seongdong-gu Seoul, Seongdong-gu, Seoul, for the reason that the victim was under the influence of alcohol and the victim was under the influence of alcohol, and the Defendant was injured to the extent that the head part of the victim’s head was fested once, and the victim was under the influence of alcohol, and the victim was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to field photographs and photographs of injuries;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence under Article 62(1) of the Act on the Suspension of Execution is to be imposed as the order, comprehensively taking into account the following factors as a whole: Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Contributor), the mitigation area (1 year and June 2 year and June 6 (1 year and June 2 year): The sentence is to be imposed as the order, taking into account the following factors: (a) the background and content of the instant crime; (b) the degree of damage; (c) the agreement with the victim; (d) the confession and reflects; (d) the Defendant’s health status is very good due to his own disease; (e

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