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(영문) 서울남부지방법원 2013.07.11 2013고단1684

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 05:15 on April 27, 2013, the Defendant, at the restaurant of “D” located in Gwanak-gu in Seoul Special Metropolitan City on April 27, 2013, said that the Defendant, as the victim E (the 53 years of age), drinking alcohol, knee and knee kne kne kne kne knee, etc., and, at the same time, the Defendant inflicted an injury on the victim’s face by putting the victim’s knee knee kne kne kne kne and kne kne kne, etc., and by breaking it into the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to photographs (E photographics and chairss used in violence);

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act - Mitigation: (1) minor injury; (2) where a victim is fully responsible for the occurrence of a crime or the expansion of damage; (3) no penalty shall be increased: [Scope of recommendations] from September to June 2 (the area of special mitigation of violence, habitual injury, repeated injury, special injury, habitual injury, habitual injury, special mitigation] 1 year and six months of imprisonment; 2 years of suspended execution (the extent of injury is minor; the victim requires the defendant to borrow knekel and kneel without any special reason in his/her main state; etc.; (3) there is a significant responsibility for the occurrence of the crime; the victim does not want the punishment; the victim is a contingent crime; and the defendant is against the mistake);