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(영문) 서울남부지방법원 2015.03.20 2015고단117
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 28, 2014, around 19:50, the Defendant: (a) saw the victim E (here, 40 years of age) who performed alcohol together before the “Dju shop” located in Guro-gu Seoul Metropolitan Government, as the Defendant, at the same time, deemed the Defendant as the Defendant’s loss of an empty beer, which is a dangerous object under the table, and caused the victim’s back part of the left part, and caused the victim’s injury, etc., where the victim’s treatment days cannot be known, to tear the amount of approximately 20 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. On-site photographs and victim photographs;

1. Application of Acts and subordinate statutes to report on investigation (report on confirmation of the victim's standing level);

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

1. The sentence of imprisonment shall be imposed within the scope of the statutory punishment mitigated, in consideration of the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act is the primary offender; (b) the defendant appears to bear part of the medical expenses of the victim; and (c) depth and reflects the crime; and (d) the execution of the sentence shall be suspended;

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