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(영문) 서울중앙지방법원 2013.07.25 2013고단3663

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 20:30 on April 16, 2013, the Defendant, at the residence of the Defendant in Dongjak-gu Seoul Metropolitan Government, has a dispute with the Victim D (31 years of age) who is a friendly child, and

D The face of the victim can be taken by drinking from D and against it, the victim's face can be taken by drinking, the victim's face is damaged by drinking, and the victim's head is taken at one time at the time of contact with the victim's head, and the kitchen 33 cm, which is a deadly weapon, is displayed to the victim.

The part of the victim's math, etc., caused the victim to suffer from the parts, such as the math of the treatment days, the right part, the right side part, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Examination protocol of police suspect regarding D;

1. Each police statement of E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to field photographs, kitchen photographs and photographs;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the victim does not want the punishment against the defendant due to the parent-child relationship of the defendant, that the defendant has no criminal record of suspended execution or more, that the defendant recognizes and reflects his/her mistake, and that other factors of sentencing as ordered are considered, such as the defendant's age, character and conduct, family environment, motive and circumstance of the crime of this case, and circumstances after the crime.