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(영문) 서울북부지방법원 2016.01.26 2015고단1616
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

On January 23, 2015, at around 00:25, the Defendant, at “D cafeteria” located in Dongdaemun-gu Seoul Metropolitan Government on January 23, 2015, performed drinking with the victim E (66 taxes) and went out of the above shop after drinking. The Defendant, without any reason, carried the part of the victim’s face to the extent that the stick being driven by the victim without the influence of alcohol, carried the part of the victim’s face into the above stick so that the stick can be broken off, and caused the tear of this part.

In this respect, the defendant carried dangerous things with the victim's medical treatment days and put the victim's side to the end.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each police statement made to E, G, and F;

1. 범행도구인 지팡이 사진, 피의 자가 검거되어 온 당시 모습 및 착용의 복 사진, 피해자 E가 병원에서 꿰맨 상처 등 상해 사진

1. Application of Acts and subordinate statutes to medical certificates and medical records;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Act on the observation of protection and attendance order is that the defendant, even though he had the past record of punishment several times for the same crime (including two times in 2000 and in 2005, a sentence of 205) was carried out by stick and inflicted an injury on the victim, there is no recovery from damage, and the victim's injury is added to the statement of witness E and F, and the victim's injury photograph, etc., even if the criminal facts of this case are sufficiently recognized, the defendant denies part of the crime of this case that "the defendant deniess that "the defendant was carrying a stick and carried out while he was waiting for one another, and does not have any fact of getting out of the stick."

However, the degree of injury is not relatively more severe, and the victim does not want the punishment of the defendant from the investigation stage, the fact that the defendant committed a contingent crime under the influence of alcohol, the defendant is detained for three months, and the defendant seems to have an opportunity to reflect on his/her age, sex, environment, and crime.

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