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(영문) 서울북부지방법원 2014.04.16 2013고단2838
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 18:50 on July 12, 2013, the Defendant heard the phrase “E” in the trade name of “E” in Jung-gu Seoul Metropolitan Government D’s “E” to the effect that D, while drinking alcohol at the above drinking house, he took a heavy bath, etc., he saw the victim F, who was a customer, who was drinking at the above drinking house, and went out of the drinking house, and tried to get out of the drinking house, come out of the above drinking house, and come out of the nearby house, and try to get out of the nearby house, which is a dangerous object, and going back to the victim and the victim F, and said, the Defendant told the victim G, who was a customer in the above drinking house, and went out the said house above the ground, and again, he saw the victim and the victim with his head and f, who was a dangerous object.

As a result, the Defendant carried dangerous articles and inflicted bodily injury on the victim F with two strings of treatment days, and with respect to the victim G about two weeks of treatment, such as dynasium, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the F in preparation of the assistant judicial police officer and G;

1. Application of two Acts and subordinate statutes to investigation reports (Attachment of G injury diagnosis reports) and photographs;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 55 and 55 (1) 3 of the Criminal Act (see, e., Supreme Court Decision 2006

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act was committed by assaulting the victims with dangerous articles by the defendant, and thus, it is not easy to do so. However, the defendant's confession of the crime of this case and is against the victim, and some of the victims are committed.

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