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(영문) 서울중앙지방법원 2015.11.12 2015고단4774
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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

At around 03:00 on June 6, 2015, the Defendant, at the “Dju” store operated by the Defendant in Gwanak-gu in Seoul Special Metropolitan City, brought about two- weeks of treatment to the Victim E, who is a member of the same Internet game club. The Defendant, while drinking alcohol together with the Victim E, was patching the same Internet game club. However, the Defendant, at the same time, brought about two- weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Sentencing Recommendation] - Special mitigation Area (In September to February) No. 1 (Special Bodily Injury) - Special Mitigation Zone: In full view of the sentencing conditions shown in the trial process of this case, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., the sentence shall be determined as ordered within the scope of recommendation.

D. Unfavorable circumstances: Crimes such as the hair of a person who may cause a serious danger to his life or body, and the nature and circumstances of the person, which are dangerous things, are not weak.

The favorable circumstances: The extent of the injury of the victim has not been broken or has not been defilledly broken, and the degree of the injury of the victim has not been much significant.

At the latest, the victim agreed with the victim during the trial of this case, and the victim was not punished for the defendant.

There are no criminal records except for those who have no criminal records of the same kind and have been punished once by a fine.

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