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(영문) 서울남부지방법원 2013.11.29 2013고단3611
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 August 25, 2013, around 12:10 on August 25, 2013, the Defendant: (a) sent a brick (a) that is a dangerous object that the delivery personnel in the name in the front of the restaurant took a bath to himself/herself from among the “E” operated by the victim D (A, 51) in Yangcheon C; and (b) entered the middle restaurant.

While the defendant found the above delivery center in the above restaurant, the above victim "if the above victim has dnicking because he did not do so, he did so, so he did so so, so he did so by breaking the head of the female with his left hand, and caused the victim's injury to the left gate, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the Defendant, under the influence of alcohol, inflicted an injury upon the victim due to a brick, which is a dangerous object at a minor end of the trial.

And agreed with the victim.

There is no particular damage compensation.

On the other hand, the degree of injury of the victim is not severe, and the defendant shall be sentenced to the same punishment as the disposition, comprehensively taking into account the circumstances leading to the crime of this case, method of the crime, circumstances after the crime, criminal record relations, etc.

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