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(영문) 서울중앙지방법원 2015.06.26 2015고단2463
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

On April 16, 2015, the Defendant: (a) around 05:40 on April 16, 2015, at the D Sing shop located in Gwanak-gu in Seoul Special Metropolitan City, the victim E (23 years of age) told the Defendant who was an employee of the said shop, followed the Defendant, and she collected beer’s disease, which is a dangerous thing for the customer to boom the alcohol with beer, and suffered injury to the victim, such as two open wounds, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F and G;

1. 피해 사진, 피해자의 머리 꿰맨 사진

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to each investigation report (Evidence records, 25 pages, 28 pages);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury on a dangerous object);

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

1. The defendant and his/her defense counsel on the claim of mental or physical disability under Article 62(1) of the suspended execution of the Criminal Act alleged that the defendant was in a state of mental or physical disability. Thus, according to the evidence No. 1, the defendant was found to have been diagnosed on October 25, 201, but it is not enough to recognize that the defendant was in a state of mental or physical disability, and there is no other evidence to prove that the defendant was in a state of mental or physical disability. Thus, the claim of mental or physical disability is without merit.

The reason for sentencing is [Scope of Recommendation] Where the mitigated area (1 year and six months to two years), the mitigated area (1 year and six months to six months), or considerable partial damage (including serious efforts to recover damage) of the mitigated area (1 year and six months to six months), (2) (2) (1 year and six months) (2) (2) (2) (3) (2) (3) (2) (3) (3) (3) (4) (3) (4) (4) (4) (4) (4) (4) (4) (4) (1

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