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(영문) 서울중앙지방법원 2013.05.24 2013고단1553
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

At around 05:20 on August 8, 2012, the Defendant, at the Seocho-gu Seoul Metropolitan Government Cju point, sent the horses to the Victim F (F, 19 years of age) who was drinking in the side while drinking alcohol together with two children who were working in the future while drinking alcohol at the same time, and the victim G (19 years of age), who was working in F, and H (19 years of age), was working in the face of the main illness, and the Defendant’s name and the Defendant’s name cannot be known, were sent to the victim G, H, one of whom is dangerous goods of one person during the above day, and opened to the victim G, the victim’s face of the victim’s G, and the victim was released to the U.S. on the front day of the treatment of the victim, and the victim was released to the U.S. on the second day of the treatment of the victim, and the victim was released to the U.S. on the front day (2 days of the victim’s shoulder).

Accordingly, the defendant, in collusion with the unknown behaviors, was injured the victims by carrying dangerous articles.

Summary of Evidence

1. Partial statement of the defendant;

1. An interrogation protocol of the accused by the prosecution (including the part concerning the G, F, and J's statement);

1. Statement of the police officer to I;

1. A copy of each medical record of G, H and I;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Articles 257 (1) and 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act ( considered as favorable circumstances described in the following reasons for sentencing):

1. As to the Defendant’s assertion under Article 62(1) of the Criminal Act, the Defendant is under the influence of alcohol at the time of the instant crime.

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