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(영문) 서울남부지방법원 2013.07.11 2013고단1781

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On September 14, 2012, the Defendant was sentenced to one year of suspension of execution of official duties by Seoul Southern District Court for the crime of obstruction of performance of official duties, and the judgment became final and conclusive on September 22, 2012, and is still under suspension of execution.

At around 22:00 on May 14, 2013, the Defendant, while drinking together at the ward of Gangseo-gu Seoul Metropolitan Government C Apartment 603 100 dong 1002, brought about a dispute with the victim D (at 59 years of age) and the Defendant, while making a dangerous object, which has been sticked at the ac-spack of the Acpacket, a kitchen (at 18 cm a day-day, 12 cm a hand-to-day, 12 cm a day-to-day a day-off) and inflicted a bodily injury on the victim’s right chest, where the victim’s treatment days cannot be known, on a one-time basis.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A photo of the victim, a kitchen and a kitchen photograph;

1. Previous convictions: The application of criminal records and Acts and subordinate statutes concerning reporting during the period of suspension of criminal proceedings;

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 (i.e., the fact that a voluntary agreement is reached with the victim);