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(영문) 서울서부지방법원 2013.07.09 2013고단1081

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for one year.

except that 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

On October 6, 2012, at the main point of “D” located in Mapo-gu Seoul Metropolitan Government on October 09:25, 2012, the Defendant: (a) she was working together with E, and she was working in the first place with E, and was working in the seat prior to the Defendant’s daily seat, and (b) she was working for the Defendant by the victim G, H, and I, who was working in the seat prior to the Defendant’s daily seat, and (c) she was working for the Defendant, while the said I was working in a mutual vision, the Defendant she was working in the seat of the Defendant and she was tightly frighted with the Defendant’s body, she was frighted with the Defendant’s body, and she was tightly frighted with the Defendant’s body.

At that time, the defendant showed that a shoulderer's disease, which is a dangerous object, has led to a threat to the above victims.

The Defendant continued to engage in Ma fighting with the shoulderer's disease, which is a dangerous object to the right side of the J(40 years of age) of his employees, and caused approximately four weeks of treatment to the victim. The Defendant continued to engage in Ma fighting with the core of the right side, which requires treatment.

Accordingly, the Defendant, carrying dangerous objects, assaulted the said G, etc., and inflicted an injury on the saidJ.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against the accused, F, H, G, or I;

1. Statement of the police statement to J;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), Article 2 (1) 1, and 3 of the Punishment of Violences, etc. Act concerning the crime, Articles 2 (1) and 257 (1) and 260 (1) of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Discretionary mitigation (the following grounds for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant in the reason for sentencing under Article 62(1) of the Criminal Act has committed violence as a major soldier, and further has inflicted injury on a major soldier.

However, the defendant is divided, and the victim's conduct gives the cause of fighting, and it is possible to do so.