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(영문) 서울서부지방법원 2013.08.14 2013고단632

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

However, from the final date of this judgment.

Reasons

Punishment of the crime

1. At around 07:20 on February 12, 2013, Defendant A performed alcohol in the “F” restaurant located in Eunpyeong-gu Seoul Metropolitan Government E, and divided conversations with the victim B (the age of 43) on the ground that the Defendant: (a) was a small-scale disease, which is a dangerous object on the ground that the part of the victim was bad; (b) 1 time wre the victim’s left head at one time; and (c) when the victim’s face and body are able to take place on the floor, the Defendant A saw the victim’s face and body from the floor to undergo approximately two weeks medical treatment.

2. Defendant B, at the time, at the same time, and at the same place as the above paragraph (1) above, the head of the victim A (the age of 43) and the head of the victim, who is a dangerous object attached to the Si reserve, had the victim’s head and had the victim’s head not known.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes of injury diagnosis certificates and photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Mitigation of mental disorders (Defendant B) Articles 10 (2) and 55 (1) 3 of the Criminal Act;

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act (see, e.g., Supreme Court Decisions 201Do1148, Apr. 1, 201