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(영문) 서울중앙지방법원 2014.04.18 2014고단1412

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 02:50 on March 8, 2014, the Defendant: (a) 13 subway lines 13 subway lines Seoul Station 9, 2014, reported that other elderly people, including the victim C, are drinking alcohol at the underground passage of the out-gu Seoul Central District No. 13 subway line 9; and (b) held drinking together on the ground that, while drinking together, the Defendant: (c) stated that “the victim was drinking without obtaining permission for remaining alcohol”; (d) made the head of the victim one time on the ground of an empty disease, which is a dangerous thing at the same time, and (e) made the victim’s face one time on the ground that the disease was other than the shoulder; and (e) continued to set the part on the left side of the victim’s body once by drinking.

As a result, the defendant put about about 1 cm on the left eye of the eyebrow and about 2 cm on the left side of the part, and the number of treatment days to tearing about 2 cm on the left side of the part.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation (related to the injury of a victim and attachment of field photographs);

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. The defendant's defense counsel's assertion as to the defendant's defense counsel under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation is asserted to the effect that the defendant was in a state of mental disorder or mental disability by drinking only at the time of the crime in this case.

According to the evidence of the prosecutor submission, the defendant is found to have the drinking at the time of the crime of this case, but he did not have the ability to discern things or make decisions due to the fact.

The above assertion cannot be accepted as it seems to be in a state or weak condition.

The reason for sentencing [decision of the type] The basic area of habitual injury, repeated injury, special injury [Determination of the recommended area] 2 to 4 years / [Determination of the sentencing range] The case is contingent crime, the defendant is against the defendant, and the defendant is sentenced to punishment.