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(영문) 서울동부지방법원 2014.08.13 2014고단1298
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

On May 11, 2014, around 01:30 on May 11, 201, the Defendant reported that at “F” ran tavern operated by the victim E (n, 44 years of age) in Songpa-gu, one’s day-to-day G with E, one’s own day-to-day entertainment, and that he wraped with E. B, he collected a beer’s disease, which is a dangerous object on the table table, to E, and she took the part of the woman.

The Defendant continued to gather the beer’s disease, which is a dangerous object on the table, to the victim C (the 64 years of age) who was a customer, who was a customer.

As a result, the Defendant committed an injury on the part of the body in which the number of days of treatment cannot be known to the victim E, and the victim C inflicted an injury on the part of the body in which it is necessary to treat the victim C for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning C;

1. Statement to E by the police;

1. Each investigation report;

1. A written diagnosis of injury;

1. Application of each statute on photographs of damage;

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;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the Act (Article 53 and Article 55(1)3 of the Act does not impose any penalty on the victim E without any criminal record or criminal record of the suspension of qualification or any criminal record of the same kind, the degree of injury is not severe; the victim C agreed with the victim E; the victim C first did not want punishment on the ground that the defendant did not have been able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The recommended sentences pursuant to the sentencing guidelines under Articles 25 (3) and 32 (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Application for Compensation Order: Type I of Special Injury;

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