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(영문) 서울북부지방법원 2015.01.29 2014고단2805
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 1, 2014, the Defendant: (a) around 17:05, around August 17, 2014, when under the influence of alcohol in the frame of the parking lot in Dongdaemun-gu Seoul Dongdaemun-gu Seoul, the Defendant was requested to move a bridge to another place from the victim D (71 years of age) who is the manager of the above building to another place; (b) and (c) was a fluor’s disease, which is a dangerous object located on the floor, the head of the victim’s left head on one occasion, and led the victim to the head in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is against the Defendant’s confession of the instant crime, there is no record of punishment for the same kind of crime, and suffering from alcohol survival, and the facts leading up to the Defendant’s contingent crime under the influence of alcohol, and the injury is not severe, and the victim does not want the Defendant’s punishment, etc. shall be determined as the same as the order.

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