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(영문) 서울중앙지방법원 2014.05.14 2014고단1836

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On December 5, 2013, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Punishment of Violences, etc. Act at the Seoul Western District Court on December 5, 2013, and is still under probation after the said judgment became final and conclusive on December 13, 2013.

On March 18, 2014, at around 21:00, the Defendant went to the victim D (the age of 56) who was drinking together with other knowors in Jung-gu Seoul, Jung-gu, Seoul, 21:00, and went to drinking together with the victim, and was drinking by the victim. The Defendant, while under the influence of alcohol, put about about 10cc in the vicinity of the victim’s left side and went to an open top of about 12 cm of the number of days to be treated by the victim without any special reason.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of police seizure records and diagnosis reports and statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

1. In light of the nature and circumstances of the crime of this case where the defendant, who is under probation due to the crime of several methods identical to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, inflicted an injury on the victim's face, which is a kacker, which is a dangerous object, and the record of committing the crime of inflicting an injury on the other party's face is more than twice in knife, and the fact that the defendant has already committed the crime of inflicting an injury on the face of the other party in knife as well as the fact that it is highly dangerous as a so-called "influence" crime conducted without any particular reason, strict

However, the defendant is still a juvenile who has yet to be aged.