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(영문) 서울북부지방법원 2012.09.26 2012고단655
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one and half years.

Reasons

Punishment of the crime

On May 27, 2011, the Defendant was sentenced to imprisonment with prison labor for the crime of attempted fire-prevention at the Seoul Northern District Court, and one year of suspended execution and two years of suspended execution, and is currently under the grace period.

The defendant lived in the family of the defendant who was married for about 15 years before the 15-year period between the defendant and the defendant's wife located in Seoul Jung-gu, Seoul, and F, who was born between D and his former husband, had been living in the Gwanak-gu Seoul Special Metropolitan City, while living in the family of the defendant and became the defendant's living in the family around February 18, 2012.

On March 3, 2012, the Defendant, at around 22:55, 2012, she drinked alcohol at the house of the above Defendant, and, on the ground that the Defendant, at around 22:55, she was frighten to F, she was frighted with the victim, who was in a dispute with the victim on the ground that he was frightened with F, and she was frighted with the victim’s arms, and she was frightened with the face of the drinking and the body.

As a result, the Defendant inflicted bodily injury such as tearing the victim’s treatment days, which can not be seen.

Summary of Evidence

1. A witness D legal statement;

1. Photographs;

1. Statement made to D by the police;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation report-related Acts and subordinate statutes;

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. Determination on the assertion of the Defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation

1. Whether or not a person of mental illness is mental illness: although the defendant's judgment was found to be a drink at the time of committing the crime, it does not seem that the defendant lacks the ability to discern things or make decisions.

2. Whether or not dangerous articles: when the accused is judged to be dangerous articles in light of the fact that the accused has spawn the spawn in his hand, spawn the head of the victim, and the degree of injury caused thereby.

The case of the defense counsel's assertion is that the defendant takes the face of the victim.

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