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(영문) 서울북부지방법원 2013.10.25 2013고단2036
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From July 27, 2013 to 00:01 on the 28th day of the same month, the Defendant: (a) heard the phrase “I am going against the victim F (52 years of age)” from the victim F (52 years of age) who was a customer, “I am am swelly with my own view to being sweld; and (b) am sweld with the victim’s head, which is a dangerous object on the table table, 500cc bel with the victim’s head, and the victim’s head cannot be identified; and (c) the Defendant sweld two ams weld with the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on the scene of occurrence, standing photographs and standing photographs;

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. The defendant asserts that he committed the instant crime under the influence of alcohol and lacks the ability to discern things or make decisions under Article 53 and Article 55(1)3 of the Criminal Act. Thus, according to the records, the defendant's drinking is recognized at the time of the instant crime, but it does not seem that the defendant lacks the ability to discern things or make decisions. Thus, the above assertion is rejected.

The sentence of imprisonment with prison labor shall be imposed on the defendant in light of the substance, means, results, degree of injury to the victim, etc. of the crime of this case on the grounds of sentencing, and the sentence of imprisonment with prison labor shall be imposed in consideration of all the circumstances, including the fact that the crime of this case is recognized and reflected, and the age, character and conduct, environment, etc.

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