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(영문) 서울동부지방법원 2013.07.10 2013고단993
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 7, 2012, at around 23:30 on December 23:30, 2012, the Defendant: (a) d'D of the first floor of Gangnam-gu Seoul, Seoul underground level; (b) d'D of the victim E (the age of 36); (c) knife the fat of the victim E (the age of 36); (d) knife the face of the victim F (the age of 39); and (e) knife the bee of the knife of the knife of the knife of the knife, the Defendant continued to knife

As a result, the Defendant committed two weeks to the victim E both shoulder strings that require treatment for about two weeks, to the victim F, to the victim F with an unexplosion in the number of days of treatment, to carry dangerous objects, and to the victim G with two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the E substitute part);

1. Each police statement to F, G, and E;

1. Each statement of H, I, J, and K;

1. Each injury diagnosis letter;

1. Application of each statute on photographs;

1. Article 257 (1) of the Criminal Act (the point of each injury on the market), Article 3 (1), Article 2 (1) and 1 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act concerning facts constituting an offense (the point of an injury by carrying a deadly weapon on the market);

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considerations such as the fact that victims do not want punishment of defendants by agreement with the victims, the fact that they are contingent crimes under the influence of alcohol, and the fact that the defendants reflect their mistakes);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

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