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(영문) 서울동부지방법원 2013.10.11 2013고단1718

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 26, 2013, at around 21:00, the Defendant, while drinking alcohol along with the work fare and the victim E (year 59) on an outdoor table in front of the D week located in Seongdong-gu Seoul, Seongdong-gu, Seoul, used the victim’s face knife, which is a dangerous object at bar or inside, for the reason that the victim told himself/herself that he/she “influenites”, and inflicted an injury on the victim, such as the cobrakeke, the left lower body, and the heat of the victim’s face knife, which require approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (it may be considered in light of circumstances, such as the relationship between the defendant and the victim, the relationship between the victim and the victim, and the motive and circumstances of the crime, etc.), which include the following circumstances:

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Probation and community service businesses under Article 62-2 of the Criminal Act;