(영문) 서울남부지방법원 2015.04.29 2015고단440

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2015.04.29 2015고단440

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 became final and conclusive.

Reasons

Punishment of the crime

At around 01:05 on January 14, 2015, the Defendant, while drinking alcohol at a “D” restaurant located in Yangcheon-gu Seoul Metropolitan Government, brought about approximately four weeks of medical treatment to the victim E who was on the right side of the water and talked with the victim E without the death even though he was protruding to the water of the water of the water of the water of the water of the water of the water of the water of the water of the water of the water of the water of the water of the water of the water of the water of the water of the water of the water of the water of the water of the water of the water of the water of the water of the water of the water of the dispute.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Photographs;

1. Investigation report (on-site CCTV verification) - screens after closures;

1. Investigation Report (Binding of an injury diagnosis report) - Application of Acts and subordinate statutes of the injury diagnosis report;

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 Criminal Act of the suspended sentence [Scope of recommending punishment] Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury and Special Injury) (including efforts to recover damage) in the mitigated area (one year and six months through two years), [including decisions of sentence] in the mitigated area (including special mitigation] [decision of sentence] [decision of sentence] in which the accused does not want the punishment of the accused by mutual consent with the victim, the accused does not want such punishment; there is no particular criminal history other than the punishment by one fine; depth and reflects the crime; other various sentencing conditions, such as the defendant's age, inclination, environment and circumstances after the crime, etc., are taken into consideration and the execution of the sentence shall be suspended as ordered in accordance with sentencing guidelines.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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