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(영문) 서울중앙지방법원 2013.11.21 2013고단6628
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, 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 01:40 on October 12, 2013, the Defendant, while drinking alcohol at D main points located in Jung-gu Seoul Metropolitan Government, was able to sing together the Defendant’s actors who sing at the stage, and singing the microphones from E that the Defendant had mistaken for engaging in the conduct interfering with the Defendant.

The defendant who has returned to the job was flicker, who is a dangerous object on the customer, and was taken in the direction of the victim's daily operation, and the beer's disease was broken, and the beer's face was faced with the victim's face.

As a result, the defendant put the victim an internal medical care for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. A criminal investigation report (CCTV verification report) and photographic by capturing a video;

1. Application of Acts and subordinate statutes to injury diagnosis certificates and 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 200,000 won for a victim; Supreme Court Decision 200,000 won has been deposited for the victim; Supreme Court Decision 200,

1. The scope of sentence under Article 62(1) of the Criminal Act (i.e., the foregoing extenuating circumstances): It is so decided as per Disposition on the grounds of not less than one year and six months to six years ( mitigated areas; effort to recover damage).

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