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(영문) 서울북부지방법원 2013.11.08 2013고단2221
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

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

At around 22:40 on September 10, 2013, the Defendant, under the influence of alcohol, set up a simplified table on the D’s restaurant parking lot located in Jung-gu Seoul, Jung-gu, Seoul. On September 10, 2013, the Defendant: (a) viewed the victim’s head head part of the said victim on the ground of a small-scale shop, which is a dangerous object on the B’s simple table, due to the lack of opinion while talking about the victim E (year 5) and the stable games; and (b) made the victim’s head part on the number of days of treatment (hereinafter “Y”) and 3cm on the part of E’s head part (including approximately 3cm).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs of the victim's 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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. The reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution and Punishment and the victim of the crime of this case committed both by drinking alcohol as a pro-Japanese and contingently, and the victim expressed in an investigative agency that the defendant was under the influence of alcohol and thus does not want punishment (the report of criminal conduct seems to have been made by another person who is not the victim), and the fact that the defendant and the victim agreed smoothly, shall be determined as the same as the order, taking into account all the circumstances.

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