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(영문) 서울중앙지방법원 2013.04.11 2013고단269
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for a term of one and half years.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the employee of Jongno-gu Seoul Metropolitan Government Cju Office.

On December 29, 2012, the Defendant: (a) around 07:40, at the above “Cjuk”, the victim D (the age of 22) who drinks drinking as a customer at the place; (b) suffered bodily injury, i.e., two-hours requiring treatment for the victim, by gathering water residues (mathy) which was a dangerous object in the place, on the ground that the victim was under the influence of alcohol, and her b) b) b) b) b) b) c) c) c) c) c) c) c) c) c) c) c) c) c) c) c) c) c (the victim was under the influence of c) c) c) c)

Accordingly, the defendant carried dangerous articles with the victim for about two weeks of medical treatment, resulting in a cerebral sule and sule, which require medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that: (a) habitual injury, repeated injury, special injury [special person] mitigation element: (b) one year and six months - two years and six months - (the scope of recommendation] positive consideration element: considering the fact that minor injury, agreement with the victim, contingent crime, serious reflect [decision of sentence] method is dangerous; (c) the crime of this case is committed contingently; (d) the degree of injury is relatively less severe than the risk of the act; (d) the defendant has no record of criminal punishment before being committed; and (e) the defendant has no record of criminal punishment before being committed; and (e) the sentence is determined as ordered in consideration of all the sentencing factors indicated in the records of this case, such as age, the environment of the defendant, the circumstances of the crime of this case, and the circumstances after the crime.

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