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(영문) 서울중앙지방법원 2013.04.16 2013고단232
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

On November 30, 2012, at around 00:05, the Defendant: (a) was a victim D (year 41) who was a side while drinking alcohol at the Gangnam-gu Seoul Metropolitan Government C main office, and was in a vision, and the face of the victim was drinking, and (b) was a dangerous object that was in the main office of the victim, the Defendant she got back of the victim, and caused the victim to suffer bodily injury, such as the two skins in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. Suspected DNA photographs;

1. Application of the Acts and subordinate statutes that attach CCTV images to investigation reports (CCTV image verification), CCTV video CDs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the crime;

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

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

1. The defense counsel's assertion on the defense counsel's assertion under Article 62-2 of the Criminal Code provides that "the defendant was in the state of mental disorder or mental disorder at the time of the crime" and that the defendant was in the state of mental disorder or mental disorder. Thus, according to the above evidence, although the defendant was found to have drinking at the time of the crime, he did not have the ability to discern things or make decisions.

Since it seems that the defense counsel cannot be seen to be in a state or weak condition, the above assertion by the defense counsel is rejected.

The reason for sentencing [Determination of Punishment] (Determination of Punishment] Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury (including a serious effort to recover damage) - In the area of mitigation [Determination of the area of recommendation] 1 and 6 months to 2 years [the scope of recommendation] - the serious proportion of mitigation elements of mitigation elements of punishment [Scope of punishment] applicable provisions of applicable provisions: Three years to 13 years; and the main reasons for reference are negative.

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