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(영문) 서울서부지방법원 2013.07.17 2013고단1205

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

However, from the final date of this judgment.

Reasons

Punishment of the crime

1. On April 19, 2013, Defendant B, within the “Fju” located in Yongsan-gu Seoul Metropolitan Government, around 21:40 on April 19, 2013, the Defendant inflicted an injury on the victim A (40 years of age) and the Defendant drinking alcohol, and the victim’s talking to the Defendant, which is a dangerous thing, caused the victim’s walk to the Defendant, by taking a breath of the victim’s head on one occasion and having the victim’s left part to tear, and caused the victim’s bodily injury to which the number of treatment days cannot be known.

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

2. According to the date, time, and place mentioned in paragraph (1) above, Defendant A suffered her head from the victim B (the age of 40) to the spawn with her head, and her head was fested, thereby causing injury to the victim’s head, thereby making the victim’s head difficult to know the number of days of treatment.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each statute on photographs of damage;

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. Reduction of excessive defense (Defendant B) Articles 21(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 Article 62 (1) of the Criminal Act or more;