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(영문) 서울남부지방법원 2013.08.30 2013고단2013

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of 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

At around 08:20 on June 2, 2012, the Defendant 20: (a) while drinking alcohol with the victim E (the age of 38) in a 5 room in Gangseo-gu Seoul Metropolitan Government, the Defendant collected fluoral disease, which is a dangerous object on the tables, and fluoring the victim’s left side, caused the victim to fluoral in an emergency room due to blood transfusion, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes of a report on the field of violence;

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 reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order include one year of imprisonment due to a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) on May 19, 2010, and two years of suspended execution, and the crime of this case was committed; the victim does not want the punishment of the defendant; the defendant is led to the confession of the crime of this case; the details, means, methods, results, etc. of the crime of this case; and the punishment shall be determined as per the order.

It is so decided as per Disposition for the above reasons.