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(영문) 서울서부지방법원 2013.12.11 2013고단2743

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That 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 8, 2013, around 00:05, the Defendant, in Yongsan-gu Seoul Metropolitan Government, laid a beer disease, which is a dangerous thing for the victim E (year 45) who was aware of his knowledge and drinking at D's main points, and a monetary problem while drinking alcohol, was carried out, and the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Investigation reports and application of Acts and subordinate statutes to the written agreement;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant repents his mistake, the fact that the victim is sent to a hospital and surrenders himself to the hospital, and the fact that the victim and the victim have agreed smoothly);