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(영문) 서울남부지방법원 2013.11.25 2013고단3130
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

On June 6, 2013, at least 08:30 on June 6, 2013, the Defendant, at a D restaurant located in the 1st floor of Gangseo-gu Seoul Metropolitan Government, inflicted an injury on the victim E (year 51) who was a middle school window in a middle school and the victim F (year 51) with each other while drinking alcohol, such as a beer disease, which is a dangerous object at the same time and was in danger of drinking, caused the victim’s left head part of the F. In one time, the Defendant sustained the victim’s injury, such as tearing the water level of the treatment days to the extent of 40 meters.

The Defendant continued to inflict bodily injury on the victim E, such as tearing the number of days of treatment, by making once the left head part of the victim E, one time due to beer disease, which is a dangerous object of the victim E, which is in danger of the defect.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning E and F;

1. 112Report on the site entry; and

1. Application of Acts and subordinate statutes to E, F Injury photographs, beer diseases, and field photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

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 (i.e., the confession of a crime and the misunderstanding of a mistake, the victims have caused the crime of this case at the middle school's own initiative and a minor trial expenses while drinking together with a middle school, the victims have not want to be punished against the defendant, and the victims have not been convicted of a fine once due to a minor crime of 20 years prior to the lapse of 20 years, except for a punishment imposed once on the defendant);

1. It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act (the repeated consideration in the above sentence) or more;

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