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(영문) 서울중앙지방법원 2013.05.16 2013고단718

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

On August 26, 2011, the Defendant was sentenced to a suspended sentence of two years for a violation of the Game Industry Promotion Act at the Ulsan District Court, which became final and conclusive on September 3, 2011.

On November 9, 2012, at around 16:30 on November 16, 2012, the Defendant, at the office of the victim D(42 years of age) located on the third floor of the Gangnam-gu Seoul building, deposited 100 million won with the Defendant and E in return for the payment of 10 million won to the Defendant and E, and thereafter, the Defendant did not again perform the payment of money on the job again on November 7, 2012, the Defendant followed the Defendant’s left hand, etc., which is a dangerous object on the table, drinking together with the victim, and drinking alcohol (10cm on a day, 9cc, knife).

As a result, the defendant caused the victim to undergo a medical treatment for about three weeks, such as the left-hand side of the distribution, the heart of distribution, and the blood transfusion.

Summary of Evidence

1. Partial statement of the defendant;

1. Part concerning D's statement of the police interrogation protocol of the defendant (2 times, 2-2)

1. Each police statement concerning D;

1. Written statements of D;

1. Records of police seizure and list of seizure;

1. Each investigation report (receiving a medical certificate and a record of the injury), and (Attachment of a victim register and a photograph of the reproduction of the crime);

1. Previous convictions: Application of criminal records and investigation reports (the attachment of a suspect A's judgment and confirmation date of a suspect A's judgment) Acts and subordinate statutes;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the determination of types] domestic violence, habitually injury, repeated crime injury, special injury, repeated crime, and special injury [the determination of the recommended area] basic area [the scope of recommendation] 2 to 4 years [the scope of general punishment] [the scope of punishment] - reflects (the scope of applicable punishment] serious factors for mitigation [the scope of applicable provisions: statutory penalty under Articles 3(1) and 2(1)3 of the breadth Act: 3 to 30 years (the range of statutory punishment of statutory aggravated and mitigated punishment: 3 to 30 years [the punishment of punishment and recommendation] statutory penalty: