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(영문) 서울북부지방법원 2014.02.06 2013고단2459

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than 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

On September 20, 2013, around 02:10 on September 20, 2013, the Defendant, while drinking together with the victim E (year 41) and the victim E, F, etc., in the D Building located in Nowon-gu in Seoul Special Metropolitan City, brought about a dispute with the victim while drinking together with the victim E (year 41) and E, the victim's back, and caused the victim's back to this end, the Defendant saw the victim as an empty baby, which was a dangerous thing at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to report on investigation;

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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Jan. 1, 2009)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Probation and community service order under Article 62-2 of the Criminal Act;