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(영문) 서울서부지방법원 2013.08.20 2013고단1620

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for one year.

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

"2013 Highest 1620"

1. A violation of the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.) is a death that is a thing dangerous to the victim's left-hand edge, etc. while the victim E (the age of 44) was living in a test for the reason that the victim E (the age of 44) was living in the interior of D main points located in Mapo-gu Seoul Metropolitan Government around 16:40 on April 15, 2013.

In addition, there was a need for the victim to receive approximately two weeks of medical treatment, and there was a difference between the left-hand side and the victim.

2. At around 09:40 on May 23, 2013, the injured Defendant, at the parking lot of the Western District Prosecutors’ Office of Mapo-gu Seoul Mapo-gu 105-1, brought about the victim E and the case described in the above paragraph (1) and brought the victim's face four times in drinking, and brought the victim with the face of drinking knife who is a knife with the hand knife to undergo treatment for 10 days.

around 16:30 on June 12, 2013, the Defendant: (a) requested the victim from “H” general restaurant operated by the victim G (the 39-year-old) located in Mapo-gu Seoul Metropolitan Government, to provide coffee; (b) on the ground that the victim was disregarded, the victim’s croc part was faced with the victim’s head due to the disregard of the victim; (c) on the part of the victim, the victim’s croc part and body were crocf; and (d) on the part of the victim, the victim’s crocf and body were crocfed by drinking, and the victim sustained the victim’s crocf and body crocf that require treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Protocol of the police statement concerning G;

1. Photographs and written diagnosis of each injury;

1. Application of Acts and subordinate statutes to each investigation report;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (Selection of Imprisonment with prison labor for an injury);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Discretionary mitigation;