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(영문) 서울남부지방법원 2013.06.13 2013고단1193
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 of the final judgment.

Reasons

Punishment of the crime

On March 30, 2013, at around 00:50 on March 30, 2013, the Defendant: (a) while drinking alcohol like the victim E (33 years of age) who was working in Yeongdeungpo-gu Seoul Metropolitan Government, and was fluencing the victim’s age lower than himself/herself on the ground that he/she did not attach “day” and did so short; (b) caused the victim’s head to the beer, which is a dangerous object in the table, and (c) caused the victim’s injury to the number of days of treatment that the head to tear and the skin to the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of damaged 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 62-2 of the Criminal Act of the community service order (a person who has been specially punished): (1) In cases of minor injury, (2) in cases of failure to punish a victim (including a serious effort to recover damage), or where considerable damage has been recovered: None of the penalty (a recommendation shall be made) [the range of punishment] September through February 2, 209 (the area of special mitigation of violence, habitual injury, repeated injury, special injury, habitual injury, special mitigation] [the sentence] one year and six months, the suspension of execution two years, the community service order 80 hours (the extent of injury is relatively minor, the victim does not want to be punished, the fact that the defendant is seriously against his/her will, and the fact that there is no criminal conviction or heavier punishment).

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