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(영문) 서울중앙지방법원 2013.05.09 2012고단6248 (1)
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

The defendant is a Chinese national ship, and the victim C and D were the friendship, and the victim C and D were the co-inheritors around 00:05 on September 18, 2012, on the ground that the defendant made the statement against the victim in front of the Gwanak-gu Seoul Special Metropolitan City Ep.

After that, the defendant, on two occasions of drinking the victim's left face, walked each part of the defendant's ship and bridge, d flaps the defendant's breath, flaps the defendant's bat, flaps the defendant's neck, and flads the defendant's neck, and flads the defendant's neck, which is a dangerous object at the above flap door, and flads the defendant's right head at one time, and flads the victim's left face one time due to the strike of the shouldered flaf, and inflicted an injury on the victim, such as a eyed flads and an open room of the snow flag, which requires about three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Police suspect interrogation protocol regarding C;

1. A written diagnosis of injury;

1. Application of field photographs, victim C-related Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 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. In light of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and the purpose of the crime and the content of damage, although the nature of the crime is not minor, the sentence like the order shall be determined by taking into account all of the sentencing conditions specified in the arguments, such as the fact that the defendant paid one million won to the victim for medical treatment expenses, the victim did not want the punishment against the defendant, the defendant also suffered serious injury requiring four weeks medical treatment from the victim, the defendant has no previous conviction in the Republic of Korea, the defendant's age, character and behavior, family environment, the motive and circumstance of the instant crime, and the circumstances after the crime.

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