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(영문) 서울북부지방법원 2013.05.30 2013고단696

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Around 01:00 on February 5, 2013, the Defendant took drinking together with the victim D (the age of 36) at the guest room No. 6, Gangnam-gu, Seoul, Seoul, on the ground that the said victim took a bath to the Defendant who was a ship under the influence of alcohol, and the Defendant shicked the beer’s disease, which is a dangerous object on his/her table, taken one time, taken one time the head of the victim’s body, taken two times with his/her hand, and taken two times the victim’s head into custody.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the statement made in D in the suspect examination protocol against the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to diagnostic certificates and photographs;

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., reflective facts, the victim does not want the punishment, and the circumstances leading to the instant crime);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);