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(영문) 서울북부지방법원 2015.10.23 2015고단2685
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

On December 11, 2014, the Defendant: (a) around 18:56 on December 11, 2014, at “Dcafeteria” located in Gangnam-gu Seoul Metropolitan Government, and (b) drinked the victim E (the age 46) and alcohol that he had learned while attending the same manpower office; (c) and (d) the victim, who was a dangerous object on the table of the table, acted without any brucation, sent the head of the victim once to the victim about 30 meters on the head part of the body.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports, 112 case handling lists, copies of emergency medical services logs, and copies of medical records and certificates of medical records;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62 (1) of the Criminal Act [the scope of recommending punishment] of the suspended sentence under Article 62 (1) of the Criminal Act, and the mitigated area (one year and six months to six months) of the mitigated area (one year and six months), shall be determined as the same as the order, taking into consideration the details of the crime, the degree of injury to the victim, the degree of injury to the victim, the grounds for sentencing under Article 62 (1) of the Criminal Act (the scope of recommending punishment);

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