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(영문) 서울중앙지방법원 2015.10.01 2015고단4817
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than 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 March 20, 2015, at the main point of "D" located in Dongjak-gu Seoul Metropolitan Government, at around 02:20 on March 20, 2015, the Defendant: (a) was under the influence of alcohol; (b) was informed by the victim E (34) who is another customer; and (c) was faced with beer’s face, which is a dangerous object; (d) was faced with the victim’s face; and (e) took the victim’s face by hand; and (e) took the victim’s face by drinking.

As a result, the defendant carried dangerous things with the victim and inflicted injury on the victim such as 21 days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Statement of the police statement concerning F;

1. Photographs;

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

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

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

1. Suspension of execution of punishment under Article 62 (1) of the Criminal Act: Consideration of the degree of injury, such as taking the bones of the bones, etc. by the victim, four times the past records of punishment of a fine due to violent crimes, and the fact that the victim has agreed with the victim;

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