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(영문) 서울동부지방법원 2014.07.08 2014고단1461
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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

At around 03:00 on November 26, 2013, the Defendant brought the head of the Victim D (age 32) in Seongdong-gu Seoul Metropolitan Government, while drinking with the victim and doing a dispute with the victim, the Defendant brought the victim's head once by a small-scale illness, which is a dangerous object on his/her customer, and brought the victim's head twice with a flapan, which is a dangerous object in the continued side.

As a result, the Defendant carried dangerous things with the victim and put them into a cerebral styp or styp, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including D statements);

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Basic sphere (2 to 4 years) of the types of subparagraph 1 (Habitual Injury, Bodily Injury, Bodily Injury, Special Injury) within the scope of recommendations;

2. Determination of sentence of this case shall be made by taking into consideration the circumstances favorable to the defendant, such as the shape of the crime in this case or the fact that the criminal situation is heavy, the unagreemented, etc., and the extent of damage disadvantageous to the defendant is not significant, the defendant is against his/her gender, and the fact that he/she has no record of the same kind, except for a long time two fines, etc.;

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