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(영문) 서울서부지방법원 2014.10.29 2014고단2220
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

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 August 7, 2014, at around 16:30, the Defendant: (a) left the victim E (year 41) in a “D” restaurant located in Mapo-gu Seoul Metropolitan Government, for the reason that the victim E (year 41) would speak against the Defendant; and (b) left the victim’s face one time due to the small-scale illness, which is a dangerous object cited in the said store; and (c) sustained injury such as tearing the victim’s face to the right side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to photographs of the body part of the victim;

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. The defense counsel's assertion of the defense counsel under Article 62 (1) of the suspended sentence of the Criminal Act asserts to the effect that the defendant was in a state of mental disorder or mental disorder by drinking alcohol at the time of the crime of this case. Thus, according to the above evidence, it cannot be seen that the defendant was aware that he had a certain degree of drinking alcohol at the time of the crime of this case, but it cannot be seen that the defendant had a weak ability to discern things or make decisions, and thus, the above argument

The reason for sentencing [Scope of Recommendation] In the case of the mitigation area (1 year and six months to two years), the mitigation area (1 year and six months to six months), the exemption area (including serious efforts to recover damage), or the recovery of considerable damage (the decision of sentence] (the crime of this case is deemed to be very poor that the crime of this case is committed by making the main disease, which is a dangerous object of the defendant to the face of the victim by emphasizing the main disease, which is a dangerous object of the defendant to the face of the victim.

Provided, That the defendant agrees with the victim that the victim does not want the punishment of the defendant, and the defendant misleads the defendant.

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