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(영문) 서울남부지방법원 2014.11.25 2014고단3939
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 1, 2014, around 02:50, the Defendant was under the influence of alcohol for about 11 hours from around 11:00 to around the D’D entrance in the fourth floor of the Gangseo-gu Seoul Metropolitan Government building, and the Defendant heard from the victim E (the age of 41) the phrase “her imprisonment, imprisonment, and imprisonment,” “hing,” and “nicking,” and “hing,” when she listens to the Defendant’s bath,” the Defendant she saw “hing, smoking,” and she saws off the victim’s right side of the victim who avoided tobacco.

Accordingly, the Defendant, as seen above, committed an act of self-defluence on the left side of the road, where the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to seized articles and photographs of bodily injury of victims;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] Special Injury (Special Bodily Injury) No. 1 area (one year to six months), mitigation area (one year to two years) [Special Mitigation] [the decision of sentence] and agreement with the victim (the decision of sentence], and the fact that his mistake is against the victim, etc.

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