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(영문) 서울남부지방법원 2013.09.12 2013고단2484

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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 June 27, 2013, at the Dju station located in Yeongdeungpo-gu Seoul Metropolitan Government on June 22 and 15, 2013, the Defendant, while drinking alcohol with the victim E (the age of 49) together with drinking, and fingly finglying the wage payment period for the former workplace, was a small-scale illness, which is a dangerous object, sustained the victim's head, and caused the victim to tear the part of the number of days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site reports;

1. Application of statutes on site and victim 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (All circumstances, such as the fact that the crime of this case was caused by a contingency while under the influence of alcohol, the degree of damage is relatively minor, and the victim does not want the punishment against the defendant);

1. It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act (the repeated consideration in the above sentence) or more;