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(영문) 서울중앙지방법원 2013.05.30 2013고단1506
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 04:00 on June 19, 2012, the Defendant: (a) her corridor called the victim D (30 years of age) who is an employee of the Gangnam-gu Seoul Metropolitan City C entertainment tavern without any justifiable reason under the influence of alcohol; (b) her flag, “p,” etc.; and (c) her flag, her son’s son’s son’s son’s son’s face, etc.; (d) her son’s face, etc. was taken by drinking the victim; and (e) her son’s son’s face, etc. was not known, on the ground that the Defendant did not respond to his question, on the ground that the victim was her son’s son’s face, etc. on the ground that he was flaged, and was flaged by beer disease, which is a dangerous thing in the cooling area, and caused the victim’s hair to take once more than four weeks of treatment;

Accordingly, the defendant, in collusion with a person whose name is not known, sustained the victim by carrying a dangerous article.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the prosecution concerning D;

1. E statements;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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. In full view of the Defendant’s drinking volume at the time of committing a crime as to the assertion of mental or physical disorder as to probation and community service order under Article 62-2 of the Criminal Act, the Defendant cannot be deemed to have committed the instant crime under the influence of alcohol, the Defendant’s behavior, the circumstances leading to the crime, and the degree of memory of the Defendant regarding the crime.

Grounds for sentencing

1. The range of recommended sentences according to the sentencing guidelines (determination of types) shall be limited to violence, habitual injury, repeated injury, special injury and special injury, and special punishment of Type 1;

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