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(영문) 서울남부지방법원 2015.05.20 2015고단239
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, 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 December 16, 2014, at around 07:10 on December 16, 2014, the Defendant, at the main point of “D,” located in Gangseo-gu Seoul Metropolitan Government C and 2, drinked the victim E(24 years of age) and drinking at middle school and the victim told himself/herself that he/she was bad, he/she was boomed twice the victim’s face. The Defendant, on the hand floor, kidddd the victim’s head twice by the main disease, which is a dangerous object on the tables, and inflicted two weeks of the victim’s hair treatment, and inflicted injury on the victim, such as an open wife, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing standing photographs;

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The conditions favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. One year and six months from June to two years from the date of imprisonment on the sentencing guidelines (the group of violent crimes, the group of habitual injury, the special injury for repeated offense, the type one (the special injury for habitual injury, the special injury for repeated offense), and the area of mitigation (the areas of special mitigation (the areas of punishment shall not be imposed);

2. The crime of this case where the defendant, who was sentenced to the sentence, inflicted an injury upon the victim by taking the head of the victim out of a fluoral disease, which is a dangerous object for the minor reason, is highly dangerous to the form of the crime.

However, the defendant seems to have reached the crime of this case by contingently, and the degree of injury of the victim is not much severe.

The defendant's mistake is recognized and reflected, and the victim does not want the punishment of the defendant in consultation with the victim.

In addition to the previous convictions of fines on two occasions, there is no particular penalty power, and social ties are clear.

In consideration of the above circumstances, the sentence is determined as above and the execution of the sentence is suspended.

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