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(영문) 서울북부지방법원 2014.01.23 2013고단2907
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 became final and conclusive.

Reasons

Punishment of the crime

Around 05:40 on September 17, 2013, the Defendant: (a) around 05:40, at the front of the steering gate operated by the Defendant’s her mother living together in the middle-gu Seoul Metropolitan Government, the victim E (Nam, 30 years of age) who operated a restaurant in front of the restaurant, exchanged with her native D, and closed his door, intended the Defendant; and (b) thereby, “the victim humping “the victim, despite water,” she saw the victim’s desire, “the victim humping,” she she wre the horses, “the victim humping,” she she frys the horses, fump, fump, and humping the victim’s face at two times with his/her hand, and the victim continued to inflict an injury on the victim with a red wall that is a dangerous thing that was left in front of the Defendant, with a thickness of 75 cm and 75 cm thickness of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Investigation report;

1. Application of Acts and subordinate statutes to injury diagnosis certificates and photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 21, 2009);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

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