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(영문) 서울남부지방법원 2014.12.18 2014고단4632

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

An application for remedy by an applicant for remedy shall be dismissed respectively.

Reasons

Punishment of the crime

1. At around 00:01 on November 25, 201, the Defendant, while drinking alcohol on the packaging flab in the rear E Station in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, the Defendant: (a) “A victim D (the age of 49) who was seated on the side table was under the influence of alcohol,” entering the house only on the ground that he was flab, and called “B, on the ground that he was flab, he was flabed, and flabed twice the head of the victim D; (b) thereby, the Defendant committed assault against the victim D by assaulting him such as 3 to 4 times, and led the victim D’s head to undergo approximately two-day medical treatment.

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

2. The Defendant, at the time and place specified in the above paragraph 1, sustained the victim C (the 44 years of age) from the time and place in the above paragraph 1, and caused the victim C’s loss to the victim C due to the defect in his/her knife, the knife, the knife of the victim C’s loss, and the above knife C’s loss with no knife damage that requires approximately three weeks of medical treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to C, D, and F;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes on the spot and damaged 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration, such as the confession of a criminal conduct and pening a mistake in depth, the fact that there is no past record of criminal punishment in the Republic of Korea, and the fact that each of 150,000 won has been repaid for victims);

1. Article 32(1)1 and (2), and Article 26 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for the Dismissal of Orders for Compensation;