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(영문) 서울서부지방법원 2013.10.30 2013고단2255

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 05:00 on May 5, 2013, the Defendant, at the main point of "D" located in Yongsan-gu Seoul Metropolitan Government, requested the victim E (the age of 41) (the age of 41) who was drinking in the next place and was drinking, but, on the ground that the victim refused it, the Defendant, who was a dangerous object, was drinking, made the head of the victim to the beer and beer, and caused the victim's head to the bed and the treatment period of which cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. Statement to E by the police;

1. E statements;

1. Application of Acts and subordinate statutes on damage and field pictures;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (including the fact that the defendant repents his/her mistake and that he/she agreed with the victim on October 29, 2013) in the suspension of execution;