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(영문) 서울북부지방법원 2015.09.24 2015고단2689

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is a foreigner of Chinese nationality, and the victim E(33 years of age) was a Chinese nationality, and is a person who acquired Korean nationality.

From around 20:00 to 23:30 on July 18, 2015, the Defendant, along with the Defendant’s friendship victim, F, and G, drinked alcoholic beverages from the mutual influencing restaurant in the Eunpyeong-gu Seoul Metropolitan City, and from the house of its neighboring area G, and became a drinking period after drinking alcoholic beverages from F’s house, and purchased alcoholic beverages from F, Seongbuk-gu, Seoul, H apartment 108 Dong 2109, with the victim and F, to the house of F, and purchased alcoholic beverages from H apartment 108 Dong 109, Seongbuk-gu, Seongbuk-gu, Seoul, with the victim and F, and became a house of F.

At around 00:20 on July 19, 2015, the Defendant continued to engage in a horse dispute with the victim for the aforementioned reasons even after arrival at the house of the F, and then continued to have arrived at the same place, and then walp the knife with each other, and then walp ( approximately 33 cm in total length, about 20 cm in the knife) with a dangerous object in the horse, the horse, and the knife of the knife with the victim, took the knife of the dangerous object in the knife and the knife, and knife knife knife knife k.

As a result, the defendant carried dangerous objects and inflicted bodily injury on the victim by harming the eromatic eromatic eromatic eromatic eromatic erosives of the unclaimed left-hand side of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Police seizure records;

1. A medical certificate;

1. Photographs of seized articles;

1. The suspect E’s body photo of the injury;

1. Application of Acts and subordinate statutes to investigation reports (the volume and degree of injury of a suspect E);

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty-five years; and

2. The range of recommendations according to the sentencing criteria shall be recommended.