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(영문) 서울북부지방법원 2013.12.12 2013고단2577

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

At around 01:00 on October 24, 2013, the Defendant proposed that he drinks with the victim E (ma, 22 years of age) and F, who carried out drinking on other tables, but was refused by the victim. Then, the victim who entered the G convenience store adjacent to the foregoing drinking house referred to as “the same beer or one mor one mor one mor one mor one mor one mor one mor one mor one mar.” However, the Defendant went back to go out of the said convenience store.

On October 24, 2013, around 03:10 on the road in front of the Seoul Special Metropolitan City, Nowon-gu, the Defendant: (a) lowered a softener's disease cited in front of the above convenience store; (b) broken the disease, which is a dangerous object, led the victim's left part of the disease, which is one time a knife and requires treatment for about 14 days to the victim.

Summary of Evidence

1. Defendant's legal statement;

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. Inasmuch as an attorney’s defense counsel on whether to grant reduction or exemption of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act claims for reduction or exemption of discretionary mitigation, it can be acknowledged that the Defendant had been placed to a certain extent. However, it cannot be determined that there was an obstacle to the Defendant’s ability to distinguish the object or make a decision at the time of committing the instant crime, which could have a significant impact on the victim’s life, and thus, we cannot

The reasons for sentencing are as follows: A confession, a deposit of one million won against the victim. Aggravating reasons: Part of the cattle disease is broken and driving away, so that the victim's neck is cruel.