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(영문) 서울중앙지방법원 2014.05.08 2013고단8247
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

around 01:00 on November 2, 2013, the Defendant, at the trade point of “F” located in Gangnam-gu Seoul Metropolitan Government E, brought about a dispute with the victim’s G (n, 34 years of age) and drinking, due to the marriage of the victim.

Accordingly, the Defendant: (a) had the victim’s 250CC beer, which is a dangerous thing that was in the instant main body table; (b) had the victim’s face; and (c) had the plastic ice (10cm x 25cm x 25cm), which is a dangerous thing, had the victim’s face.

As a result, the defendant got a victim of the beer, the beer and ice, which is a dangerous thing, and inflicted an injury on the victim, such as the escape or loss of an internal organization in need of treatment for about 28 days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession, reflectivity, and deposit of a considerable amount);

1. Article 62 of the Criminal Act on the Suspension of Execution.

1. The reason for sentencing under Article 62-2(1) of the Social Service and Criminal Act is that the defendant, along with the victim, performed an operation, such as softing, flaging, flaging, etc. immediately after the accident, caused bodily injury to the victim, such as glaging, glaging, and glaging, glaging the victim's face, and glaging by plastic glaging so that the beer glag can face with snow, glaging, and glaging, and causing injury to glag, such as snow, glaging, and glaging. According to the sentencing investigation report, following the accident, the victim suffered physical injury, such as glaging, glaging, and glaging, and glaging the body of the victim still remains glaging the body of the victim.

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