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(영문) 서울남부지방법원 2015.09.17 2015고단2917
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten 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 10:10 on July 15, 2015, the Defendant: (a) under the influence of alcohol, at the main point of “E” operated by the victim D (E) located in Geumcheon-gu Seoul Metropolitan Government, for the reason that the victim, while drinking alcohol together with the victim, F, etc., was recklessly made the horses to F; (b) the Defendant left the back head of the victim on the ground that the victim, while drinking alcohol together with the victim, F, etc., was recklessly made the horses to F; and (c) continued to take the back head of the victim on the ground of another main disease.

As a result, the defendant carried dangerous articles and put the back head of the treatment days to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning suspect interrogation protocol concerning D;

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. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., agreement with the victim and the fact that there is only a previous conviction of a fine);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] Habitual injury, repeated crime injury, and special injury, category 1 (Habitual Injury, Bodi Bodi Bodily Injury, Habitual Bodily Injury, Habitual Injury, and Special Bodily Injury) [Special Mitigation] (Article 9-2 and 2-6) in the area of special mitigation (Article 62(1) of the Criminal Act / (Article 62(1) (Article 62(1) (Article 62(1)) (Article 62(1) (Article 62(1) (Article 62(1)) (Article 62(1) (Article 62(1) of the Criminal Act

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