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(영문) 서울동부지방법원 2013.12.17 2013고단2663
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:30 on September 12, 2013, the Defendant drinking alcohol together with the victim E (54 years of age) at the frequency of “D” located in the Namyang-si, Gyeonggi-si, the Defendant: (a) when drinking alcohol with the victim E (54 years of age); and (b) when drinking with the victim, the victim was the victim, who was a dangerous object on the table, was collected from the victim’s face; and (c) caused an injury to the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

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

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 (the degree of injury shall be considered and reflected, etc.);

1. Article 62 (1) of the Criminal Act (the fact that a victim is not subject to punishment under an agreement, etc.);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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