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(영문) 서울남부지방법원 2016.03.16 2015고단4918
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2015, around 05:55, the Defendant suffered injury to the number of days of treatment, such as the victim’s head, and the victim’s head, which is a dangerous object on the table table, was cut down, and the victim’s head was cut down, and the skin was cut down, on the ground of the victim’s drinking together with “D” restaurant located in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The criminal place;

1. Application of Acts and subordinate statutes to investigation reports (CCTV analysis);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The crime of this case on the grounds of sentencing in Article 62-2 of the Criminal Act for the protection observation and attendance order is the case where the defendant inflicted an injury on the part of the victim's head by the main illness, which is an dangerous article, and the crime of this case is heavier than the nature of the crime in light of the means and the risk of the behavior.

In particular, the fact that the defendant has been punished several times for the same crime is disadvantageous.

However, it is recognized that the defendant is against the recognition of the crime of this case, the degree of injury of the victim is relatively minor, the victim does not want the punishment of the defendant in agreement with the victim, and there is no record of criminal punishment more than the suspension of execution, etc. Therefore, the defendant's favorable circumstances shall be considered, and the defendant's age, sex, environment, circumstances and results of the crime of this case, and all of the sentencing conditions in this case shall be determined as per the disposition, taking into account the above various sentencing conditions in this case, such as

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