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(영문) 서울중앙지방법원 2013.12.23 2013고단7077

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

At around 06:30 on September 18, 2013, the Defendant discovered that the victim E (the age of 35) who was not well grounded in the corridor located at the first floor D main office of the building of Gangnam-gu Seoul, Seoul, had the Defendant’s shoulder and arms with the Defendant’s shoulder and arms, and found that the Defendant had an empty beer, which is a dangerous object of the waer of the said main office, with the Defendant’s head at one time on the ground of the said beer.

As a result, the Defendant inflicted an injury on the victim due to an empty beer who is a dangerous object, such as an open wound of 14 days in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Article 62 (1) of the Criminal Act;

1. Where the reason for sentencing under Article 62-2 of the Criminal Act of the Social Service Order is [Determination of Punishment] Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi (Special Es. Special Ins. Special Ins.), Ins. (1) and (2) of 1 year to 2 years [Scope of Recommendation ins.] applicable provisions of the law : 3 years to 30 years of statutory punishment: Whether the punishment is suspended - Where the defendant committed a crime with negative organization or multiple force, or carried with deadly weapons or other dangerous things, the principal reason for affirmative punishment (including efforts to recover damage) - Ins.