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(영문) 서울서부지방법원 2014.02.06 2013고단3272
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

On August 21, 2013, around 01:20 on August 21, 2013, the Defendant and C got the victim F(the age of 44) to the “Eju” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

Accordingly, the Defendant and C met the face of the Victim F by drinking, and C ran the body part of the Victim G (the age of 50) who saw the victim F by drinking, in excess of the next floor. The Defendant: (a) caused the victim F’s buck her face by cutting the shoulder beer’s left hand, which is a dangerous object, on the ground that the victim H (the age of 57) is her Defendant, and the victim H (the age of 57) said shouldered the above shoulderer’s left hand; (b) fm, the victim F’s left hand hand, the victim F’s treatment days cannot be known; (c) the victim’s check and autopsy’s injury cannot be known; and (d) the victim H’s injury to the inner part of the body part where the number of treatment days cannot be known; and (e) the victim H’s injury to the left part of the body part where the number of treatment days cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Statement of the police statement related H and G;

1. Application of Acts and subordinate statutes of an investigation report;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. against Crimes, and Article 257 (1) of the Criminal Act;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Discretionary mitigation (the following reasons for sentencing): Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution (under the following reasons for sentencing): The reason for sentencing under Article 62(1) of the Criminal Act is very serious that the defendant inflicts an injury on the victims due to alcohol.

However, considering the fact that the defendant seems to have been in a state of mental disorder, that the victim F and H agree with him, that the defendant has no other criminal record than once, and that there is no other criminal record, and all other circumstances that form the conditions of sentencing, such as the defendant's age, character and conduct, environment, and circumstances after the crime.

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