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(영문) 서울동부지방법원 2015.08.19 2015고단1803
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 June 6, 2015, at around 22:30, the Defendant inflicted an injury on the part of the Victim E (year 47) and the part of the Victim E (year 47) in the “D party room” located on the first floor of the Gwangjin-gu Seoul Special Metropolitan City, on the ground that the Victim E (year 47) and the party room are not good. As a result, the Defendant’s strong performance of the part of the Victim for about six weeks, resulting in the Defendant’s injury, such as the mouth of the part of the D party frame that requires approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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] The following shall be taken into account: (a) category 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, and Special Injury) (1 year to 2 months) (1 year and 2 months) (special mitigation) (a year and 1 year and 2 months) (a person who has been sentenced to a sentence] and is not sentenced to a sentence; (b) there are many violent offenses; (c) the victim is against himself/herself; (d) three million won and agreement is reached

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