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(영문) 서울중앙지방법원 2014.05.01 2014고단799

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for two years.

The 81 days of detention before this judgment is sentenced shall be included in the above sentence.

Reasons

Punishment of the crime

[2014Kadan799] On April 4, 2013, around 21:50, the Defendant, under the influence of alcohol, was taking part in the victim’s face face by means of plastic soft boxes, which are dangerous things for the reason that the victim C (the age of 41) was fluored and was seated next to the fluor under the influence of alcohol, and was fluoring out of the floor of Seongbuk-gu Seoul, Seongbuk-gu, Seoul, 240-11, the Defendant continued to take part in the victim’s face by spreading it over the floor.

As a result, the defendant carried dangerous things with the victim and inflicted injury on the victim, such as the margument of internal and lower walls requiring treatment for about 42 days.

[2014 Highest 1243] On February 3, 2014, the Defendant assaulted the victim by means of cutting down the victim’s neck and pushing ahead with the Defendant on the ground that the victim D(the age of 42) had a string of a string of a string of a bryr set by the Defendant, in the unification of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and on February 3, 2014.

Summary of Evidence

[2014 Highest 799]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A photograph of the victim's body;

1. Suffos photographs;

1. A written diagnosis of injury (2014 highest 1243);

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of the body part of the victim;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) 1 of the Criminal Act, Article 257 (1) of the Criminal Act (a person who inflicts an injury by carrying dangerous articles), and Article 260 (1) of the Criminal Act (a person who commits violence and choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Two years to be punished by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) in which Article 57 of the Criminal Act applies to the inclusion of days of pre-trial detention;