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(영문) 서울남부지방법원 2013.11.20 2010고단2554
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than 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

The Defendant, around 01:50 on August 3, 2010, at D main points located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, on the ground that the Victim E (Age 51) was a bad for the victim while drinking alcohol as the victim E (age 51), was discharged from the face of the victim by beer who is a dangerous thing in the table.

As a result, the Defendant inflicted an injury on the victim, such as the inside and outside heat, which requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police interrogation protocol to E;

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (such as the fact that the defendant has no criminal record for the same kind of crime, the crime of this case has occurred by contingent, the defendant was issued by a detention warrant due to his absence of the date of public trial but voluntarily surrenders to the victim, and deposit three million won with the victim) or more;

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