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(영문) 서울남부지방법원 2015.09.10 2015고단3041
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

The defendant is the leader of the D cafeteria in Yangcheon-gu Seoul Metropolitan Government, and the victim F (35 years of age) is the friendship of the above E, and the defendant and the victim were the victim while drinking the same alcoholic beverage in the D cafeteria around June 26, 2015.

At around 02:10 on June 26, 2015, the Defendant: (a) assessed the head of the Victim’s head on the part of the Victim; (b) was frightened; (c) was frightened; (d) was frightened; (d) was frightened; (d) was frightened; (e) was frightened; (e) was frightened; (e) was frightened; (e) was frightened

In this respect, the defendant carried dangerous articles and carried about about two weeks of treatment to the victim, such as head cover and open space.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the accused and F;

1. Application of the F of the medical certificate with respect to the F and the photograph of damaged part (F);

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury and Special Injury) (1 year and six months to six months) (1 year and six months) (special mitigation) where the victim is fully responsible for the occurrence of a crime or the expansion of damage (a decision of sentence] where the victim is also responsible for the occurrence of a crime or the expansion of damage (a decision of sentence], and the crime liability is heavy in that it does not reach

However, the sentencing factors of the crime of this case, such as the defendant's primary offender without conviction, the victim's side and the victim's degree of injury, etc., are favorable factors of sentencing, and the sentencing prescribed in Article 51 of the Criminal Act, such as the age, character, conduct and environment of the defendant.

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