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(영문) 서울남부지방법원 2015.10.21 2015고단3306
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 becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2015. 6. 28. 21:20경 서울 강서구 C에 있는 D노래방에서, 일행인 피해자 E과 술을 마시다가 피해자가 술을 그만 마시라고 하였다는 이유로 주먹으로 피해자의 얼굴을 때리고, 위 노래방 방안 탁자 위에 있던 위험한 물건인 맥주병을 손에 들고 피해자의 머리를 2회 내리쳐 바닥에 넘어지게 한 다음 계속하여 발로 피해자의 배, 등 부위 등을 걷어찼다.

As a result, the defendant carried dangerous articles and inflicted an injury on the victim, such as an open head, which requires treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Written statement of the F;

1. Application of Acts and subordinate statutes to each investigation report (in relation to the investigation of witnesses, the damage part of suspects, the change of name of a crime related to the diagnosis of injuries, and the confirmation of intent

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for the sentencing of Article 62-2 of the Criminal Act in regard to probation, community service or lecture attendance order;

1. Sentence I (Habitual Injury, Bodi Bodily Injury, Bodily Injury, and Special Injury) in the mitigated area (one year and six months to two years) (one year and six months), shall not be punished;

2. The crime of this case in which the sentence of sentence was rendered is serious in nature that the defendant inflicted bodily injury upon the victim by getting the head of the victim from beer disease, which is a dangerous thing, and the defendant has the same criminal power in light of such circumstances, there is a need to strictly punish the defendant in light of these circumstances.

However, the defendant recognized the crime of this case, and did not reach an agreement with the victim, but the victim did not reach the defendant.

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