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(영문) 서울동부지방법원 2013.05.08 2013고단581

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

At around 03:30 on March 18, 2013, the Defendant: (a) while drinking alcohol at “E located in Gwangjin-gu Seoul Special Metropolitan City” operated by the Victim D (L, 47 years of age) and demanded payment of the drinking value by the victim; (b) “I am dead, dead, and dead. I am dead; (c) I am dead; (d) I am dead, and have a fine; (c) I am dead, which is a dangerous object above the floor; (d) I am head of the victim; (d) I am head of the victim; (d) I am head, head, side, etc. of the victim beyond the room; and (e) I am am her face from the room to the bottom of the victim; and (e) I am am her face by taking care of the victim; and (e) I am am her face, and then I am am her humbling off her bones for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009);