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(영문) 서울남부지방법원 2016.01.27 2015고단4860
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a constructor and the victim C(58) is a field management director.

On September 5, 2015, the Defendant, while drinking alcohol within E located in Gangseo-gu Seoul Metropolitan Government D around September 23:0, 2015, showed the above main points to the Defendant that the victimized person said, “the constructor is a sole shipment,” and said, the Defendant her head was flicker, a dangerous object at which the constructor was said to be “the victim is a sole shipment,” and her head was flicked one time to the victim for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of Acts and subordinate statutes to damaged photographs and criminal implements;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the following conditions considered in favor of sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons of sentencing under Article 62-2 of the Social Service Order Criminal Act, in consideration of the fact that the crime of this case was committed by a beer who is a dangerous object due to a minor reason by the defendant, resulting in bodily injury upon the victim's head, the crime of this case is considerably poor, even though there was a previous conviction of a same kind of fine, contingent crime committed by a drinking club is divided, the degree of injury suffered by the victim is minor, the degree of injury suffered by the victim is minor, and the victim does not want the punishment of the defendant by agreement with the victim, and the defendant does not have any previous conviction of a suspended sentence of execution or more

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