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(영문) 서울동부지방법원 2015.11.18 2015고단2707
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of 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 July 24, 2015, the Defendant, at around 23:38, 2015, carried out the victim E (the 54 years of age) and alcoholic beverage at the “D” head of Gangdong-gu Seoul Metropolitan Government, and carried out a dispute with him/her, he/she got off one part of the victim’s head, which is a dangerous object, at the same time.

As a result, the Defendant carried dangerous articles as above and damaged the reputation of the head part requiring treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol of the accused and E;

1. Application of Acts and subordinate statutes to suspect E-mail photographs and diagnosis reports;

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 recommending punishment] Article 62 (1) of the Criminal Act; consideration of the following factors: Type 1 (Habitual Injury, Bodily Injury, Bodily Injury, and Special Injury) in the mitigated area (one year and six months to two years) (one year and six months), the mitigated area (special mitigation] (a person who has been sentenced to a sentence] has many previous crimes of violence; however, there are reflections on the suspended sentence;

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