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(영문) 서울북부지방법원 2013.10.31 2012고단1848

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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

Around 15:00 on September 15, 201, the Defendant: (a) under the influence of alcohol, was under the influence of alcohol and lacks the ability to discern things or make decisions; (b) around 15:00 on May 19, 201, the Defendant: (c) at CD stations located in Nowon-gu in Seoul Special Metropolitan City; (d) while drinking for one-way E and alcohol, the Victim F (year 45) and E are in a dispute outside the above restaurant; and (d) with an empty beer who was on the table, the Defendant f (year 45) and E are in a dispute over the above restaurant; and (d) with a shouldered beer who is a dangerous object, the Defendant was under the influence of the above victim; and (d) with a beer’s face, the Defendant sustained injury, such as a part of annual installments and deficit in the organization requiring treatment for about four weeks, and caused the above victim’s face, and (e) the victim’s injury.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes of each photograph and written diagnosis of injury;

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

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

1. The sentence shall be determined as per the text in consideration of the fact that the victim of the reason for sentencing under Article 62(1) of the Criminal Act does not want the punishment of the defendant in this court, the defendant commits the crime of this case in a contingent manner under the influence of alcohol and reflect in depth;