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(영문) 서울서부지방법원 2013.08.29 2013고단1385

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That the execution of the above punishment shall be postponed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On May 31, 2013, at a D restaurant located in Eunpyeong-gu Seoul Metropolitan Government on May 31, 2013, the Defendant, on the ground that the victim E (38 years of age) was under the influence of alcohol and the Defendant was able to get the victim's left head on the table table of the above breabbbbbb, which is a dangerous object on the victim's breabbb, and caused the victim to take one time the victim's left head on one occasion, thereby requiring approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs and written diagnosis of injury;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on investigation reporting;

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 (the points agreed with the victim, reflectivity, family relationship of the defendant, and members of the war reserve forces around the victim);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Social service order under Article 62-2 of the Criminal Act;