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(영문) 서울남부지방법원 2014.08.28 2014고단2259
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 of the final judgment.

Reasons

Punishment of the crime

At around 02:00 on April 15, 2014, the Defendant took a bath on the ground that drinking alcohol at D main points located in Gangseo-gu Seoul Metropolitan Government C Underground 1, and drinking alcohol to the victim E (the age of 53) who saw a mobile phone after drinking alcohol at the same time, and found a mobile phone, and thereby hindering the victim E (the age of 53) from drinking alcohol. Accordingly, the Defendant saw the breath from the victim, spathing the balth, spathing the balth of the victim by drinking balth, and dump, which is a dangerous object on the balke, caused the injury of the victim, such as the balthe, requiring the victim to take approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the suspect interrogation protocol of the accused (including the E’s statement part);

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] Where the mitigated area (1 year and six months to six months), the mitigated area (1 year and six months), the penal penalty (including efforts to recover damage), or considerable damage has been recovered (1 year and six months of imprisonment with labor, 2 years of suspended execution, 80 hours of the community service order (1 year and six months of the suspended sentence; 2 years of the suspended sentence; 80 hours of the crime of this case, etc. are disadvantageous to the victim, due to the following circumstances: (a) the fact that the Criminal Act is very dangerous; (b) the victim suffers a relatively heavy injury due to the crime of this case; (c) the fact that the victim has agreed with the victim; and (d) the fact that there is no record of being sentenced to a suspended sentence or heavier punishment due to the same crime of the same kind;

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