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(영문) 서울중앙지방법원 2013.12.20 2013고단5164

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On July 20, 2013, around 04:00, the Defendant, while having weak the ability to discern or make decisions about drunks in Dynaart located in Gwanak-gu, Seoul Special Metropolitan City, the Defendant brought two-way soldiers, a dangerous object on the table, among the dispute between the victim E (the age of 29) and the horse dispute, was dead.

The Defendant carried dangerous objects with the victim, and carried them, brought this end to the victim, who is in need of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Investigation report (to hear statements from victims E);

1. Application of Acts and subordinate statutes of a medical 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 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Suspension of execution under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act and Article 60(3) of the Juvenile Act: Imprisonment with prison labor for 9 months and 7 years and 6 months within the scope of recommended sentencing guidelines (limited to nine months and 7 years and 6 months) [the special mitigation area of the types of habitual repeated crimes: the special mitigation area] [the special mitigation area of the types 1] to be mitigated from the crime of this case (where the crime of this case is committed intentionally, 2. the victim is also responsible for the occurrence of crime or the expansion of damage] to the sentence of imprisonment with prison labor for 10 months and 2 years of suspended execution [the special mitigation area] to the sentence of imprisonment for 10 months (the crime of this case is committed with deadly weapon or other dangerous articles, but the crime of this case is committed with respect to the circumstances favorable to the defendant, i.e., the following circumstances, ① to the victim, < Amended by Act No. 2019, Mar. 2, 19, 2>