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(영문) 서울북부지방법원 2013.10.10 2013고단1633

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 22:50 on February 6, 2013, the Defendant: (a) committed a dispute with the victim E, who is a side terable customer, and was fluoral disease, which is a dangerous thing at the same time, and caused the victim to go beyond the floor, and thereby, caused the victim to go beyond the floor, and thereby, caused the victim to suffer bodily injury, such as internal heat, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of E;

1. Application of Acts and subordinate statutes to photographs, inquiry request, investigation report (report attached to the inquiry request for fact);

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 Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. The sentence shall be determined as ordered in consideration of the following: the reason for sentencing under Article 62(1) of the Criminal Act, including the fact that the defendant agreed smoothly with the victim; the fact that the defendant committed the crime of this case in a contingent manner under the influence of alcohol; the degree of damage; and the depth and radius;