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(영문) 서울중앙지방법원 2015.07.13 2013고단4377 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 25, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for property damage, etc. at the Seoul Central District Court on August 25, 201, and the said judgment became final and conclusive on February 21, 2014.

On May 15, 2013, around 00:10 on May 15, 2013, the Defendant argued that at the ward of the Seoul detention center D located in 143, the Seoul detention center D, and the victim C (the co-defendant is divided into the co-defendants) being admitted and the job problem.

On the ground that the victim gets a bath, the part of the part of the defendant's left side is gleeped once a week, and the part of the defendant's body is flicked with an an acrylic material, which is a dangerous object from the wall of the above ward (a 15cm, 25cm, 0.2cm thick), the head of the defendant's body was flicked with a string of flick, etc., and when the victim flicked the part of the victim's left eye, the victim flick was flick on the left side of the victim when the victim flicked one time by drinking the part of the victim's body.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to investigation reports (Submission of copies of emergency medical certificates of the accused);

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant led to the confession of and reflect against the instant crime; (b) the victim and the victim inflicted bodily injury upon the dangerous object during the time period; and (c) the Defendant committed the instant crime while setting up the crime. After the instant crime, the Defendant was hospitalized in a mental hospital for a long time; and (c) other circumstances constituting the sentencing conditions indicated in the instant records, including the Defendant’s age, character and conduct, family relationship, home environment, motive