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(영문) 서울남부지방법원 2014.03.26 2014고단229
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

Criminal facts

At around 17:08 on December 18, 2009, the Defendant appeared to assault the victim E (the age of 40) and F, together with H, of the coffee shop in the 'D' coffee shop located in Yeongdeungpo-gu Seoul Metropolitan Government (the age of 40), and told the victim, etc., along with the f, of the coffee shop. During the process of fighting the body going to the inside of the coffee shop, H took the f head as the chair, and the Defendant took the f head as the victim E, which is a dangerous object in the surrounding area.

As a result, the defendant injured the victim about three weeks of treatment, such as a head cover open room.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of police interrogation regarding E;

1. Application of Acts and subordinate statutes to a report on investigation (attached medical certificates for submission of the E);

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence;

1. Where the victim is fully responsible for the occurrence of a crime even though he/she has habitual injury, repeated injury, special injury (special mitigation factors) resulting from a crime in accordance with the sentencing guidelines [the scope of punishment by recommendation], one year and six months through six months, respectively;

2. There are circumstances unfavorable to the Defendant, such as the fact that the crime of this case, which was sentenced to a sentence, is a serious criminal with a statutory penalty of at least three years, the Defendant was unable to agree with the victim up to the present day, and the damage therefrom is not weak

However, the defendant is making confession of the crime of this case, and is currently against the present mistake and again refusing to commit such a crime, there is no record of criminal punishment in the Republic of Korea, and there is some responsibility for the victim to commit the crime of this case.

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