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(영문) 서울동부지방법원 2016.04.07 2015고단3595
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

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 September 29, 2015, at a D restaurant located in Gangdong-gu Seoul Metropolitan Government on September 17:50, 2015, the Defendant appealed from the victim E (67 tax) and sent the victim's head one time to the small-scale illness, which is a dangerous object on the table in the above restaurant and was on the table in the above restaurant, and led the victim to a two-day open top room in need of approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the scene and the body photograph of victims;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions shown in the trial process of this case, including the defendant's age, sexual conduct, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined as ordered by considering the following circumstances.

The favorable circumstances - All crimes are recognized in this Court.

- There is a history of probation and fine due to fraud, but there is no record of the same crime.

Unfavorable circumstances - The nature of the crime is not that of the victim by getting the head of the victim's disease, which is a dangerous object.

- did not agree with the victim.

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