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(영문) 서울서부지방법원 2014.04.29 2013고단2506
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 25, 2013, the Defendant: (a) around 02:00, at a mutual musical shop located in the credit of Eunpyeong-gu Seoul Metropolitan Government, performed drinking together with the victim C (28 years of age), D, E, etc., as a result of the calculation of the drinking value while drinking alcohol; (b) caused the victim C’s head to a beer in the same place; and (c) caused the victim’s head to a single stop together with the number of days of treatment.

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

2. On August 25, 2013, at around 03:00, the Defendant found the victim C’s residence in Seodaemun-gu Seoul, Seodaemun-gu, Seoul and found the victim at a large interest, stating that “I will see where I will do so.” On the other hand, the Defendant left the victim’s head at a one-time kitchen with the head of the victim who was in the kitchen at the same place, and got two strings in the number of days of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of statutes on photographs of damage;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the degree of damage and the point agreed with the victim, etc.);

1. The area to be mitigated (limited to punishment for a habitual injury, repeated injury, and special injury) (limited to punishment for a habitual injury, repeated crime, injury by a repeated crime, and special injury) under types 1;

2. The area to be mitigated (limited to punishment for a habitual injury, repeated injury, and special injury) of Type I (Habitual injury, repeated crime, injury by a repeated crime) of habitual injury, repeated crime, and special injury (limited to punishment for a period of not more than one year and six months to six months);

3. Scope of final sentence due to the aggravation of multiple offenses: From one year and six months to three years.

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