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(영문) 서울북부지방법원 2013.07.17 2013고단1133
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 28, 2013, at around 07:45, the Defendant changed the 'Dju' front of the victim E (23 years of age, south) and F (23 years of age, south) on the road in Gangnam-gu Seoul, Gangnam-gu, Seoul, with each other. While the dispute occurred, the Defendant took place with the victim E (23 years of age, 23 years of age, south), and then, the part of the victim F's buckbucks (70cm in length), which is a dangerous object being kept in custody in the twit line between the vehicle in G, which arrive at the contact of the Defendant, when the dispute occurred, took once the part of the victim F's buckbuckbucks (70cm in length), kn the victim E head, sealed the victim's E head, sealed the victim's face, and drinking the victim F's face.

As a result, the Defendant, in collaboration with G, inflicted injury on the victim F by using dangerous articles, such as salt and tensions of the bones of wood, the left parts, the left parts, and the wound and the fruit of the body, which require the victim E to provide a treatment for 10 days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police officer in relation to E, F, and G;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to photographs of camping nets;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Articles 257 (1) and 30 of the Criminal Act; Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act; Article 257 and Article 1 of the Criminal Act concerning the punishment of crimes;

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

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act, based on the following circumstances: (a) the Defendant has no record of being punished for the same crime; (b) the victims have suffered unexpected injury; (c) the victims and the victims have agreed smoothly; and (d) the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the crime; and (e) the sentencing conditions indicated in the records of the instant case, including the circumstances after the crime

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