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(영문) 서울남부지방법원 2013.04.15 2013고단910
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment with prison labor for a year and six months, and Defendant B shall be punished by imprisonment for a period of ten months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. At around 02:00 on February 17, 2013, Defendant A, while engaging in a dispute with the victim B (the age of 49) who was a party at the Guro-gu Seoul Metropolitan City D party area, he tried to hear the victim’s desire from the victim, and gets the victim’s head on one occasion as he was in danger of being in the party room, and got about three weeks of treatment.

2. Defendant B, while under the influence of alcohol, had weak ability to discern things or make decisions, and at the same time, at the same time and place as in the above paragraph (1) as in response to the assault by the injured party A (the age of 50), the Defendant inflicted an injury on the injured party by the knife knife, which is a dangerous object located in the knifter in response to the assault by the injured party A (the age of 50).

Summary of Evidence

1. Defendants’ respective legal statements

1. The defendants' statements among the suspect interrogation protocol against the defendant A by the prosecution

1. Police investigation report (related cases to the statement of a shote);

1. On-site reports;

1. Each injury diagnosis letter;

1. Application of the Acts and subordinate statutes to deadly weapons and photographs used at the scene of violence;

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

1. Mitigation of mental illness and injury: Articles 10 (2) and 55 (1) 3 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration, such as the confession of the crimes committed by all the defendants, the mistake is divided, and mutual agreement is reached);

1. It is so decided as per Disposition by the assent of all participating Justices on the grounds of Article 62(1) of the Criminal Act (the motive and circumstances of the instant crime and the repeated circumstances mentioned above).

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