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(영문) 서울남부지방법원 2015.11.04 2015고단1982
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On December 27, 2014, the Defendant: (a) around 23:15 on December 27, 2014, at the D main points located in Gangseo-gu Seoul Metropolitan Government, the victim E (40 years of age) who was a customer from that place, provided that the Defendant “the Defendant changed the microphones of his own satch” and attached a satch to a satch; (b) followed the beer’s disease; and (c) followed the beer’s disease, which is a dangerous object, at the victim’s hand, carried the satch of the victim at one time.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) at the time and place specified in paragraph (1), and as mentioned above, during the assaulting the above E at a place, a number of caner bottles, which are dangerous objects in the table table, the victim F (the age 43) seated in the above E, were unloaded from the table table, and caused the victim to fright off the table, and caused the victim to fright up with the number of days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Application of the respective legal statements of witness E and F to the Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (the point of special assault and the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. The punishment is inevitable in view of the fact that the defendant does not repent of his mistake despite the fact of the crime indicated in the reasoning of sentencing under Articles 53 and 55(1)3 of the Criminal Act, even though discretionary mitigation is recognized.

However, considering the fact that the victims do not want the defendant's punishment and the victim F's injury is not severe, punishment shall be mitigated, taking into account the age, character and conduct of the defendants and the circumstances after the crime, all of the sentencing conditions in the records and arguments of this case shall be taken into account.

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