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(영문) 서울북부지방법원 2014.11.28 2014고단2367

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

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

Reasons

Punishment of the crime

1. On July 12, 2014, the Defendant: (a) entered a “E” restaurant operated by the victim D (Inn, 52 years of age) located in Gangnam-gu Seoul (hereinafter “E”) with drinking alcohol on July 12, 2014; (b) asked the victim to “F”; (c) on the ground that the answer does not have any sex, he saw the victim’s head; and (d) on the ground that he/she does not have any sex, he/she made a alkin with alkin, which is a dangerous object with the victim’s face at a time; and (d) made a alkin with the victim’s head collection; and (e) after leaving the above restaurant, the victim sealed the victim; and (e) made an assault to the victim, he/she did so, and thereby, she did so by assaulting the victim, such as having the victim’s right part, the part on the right side part, and the part on the part of the body.

2. Violation of the Punishment of Violences, etc. Act (collective assault, deadly weapon, etc.) committed assault by the Defendant, at the time and place specified in paragraph (1), that the victim G (n, 48 years of age) who is a customer of the said restaurant uses the said restaurant as described in paragraph (1) to assault D, which is the main business operator of the said restaurant, on the ground that he/she examined the date and place.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of D and G;

1. A medical certificate of injury, and a damaged part photograph;

1. Statement of opinion;

1. Application of Acts and subordinate statutes on wooden photographys;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act (the occupation of assaulting carrying a dangerous object);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is an injury to the victim by using a brush, etc., which is an article dangerous to the victim without any special reason.