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(영문) 서울중앙지방법원 2013.05.01 2013고단922
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

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

At around 04:25 on February 9, 2013, the Defendant: (a) at the Dongjak-gu Seoul Metropolitan Government C drinkinghouse, and on the grounds that the Defendant’s female-gu and late time up to the Defendant’s late time, he collected a small-scale disease, which is a dangerous object on the table, and caused the victim’s head one time due to the small-scale disease; (b) when the victim’s face is taken by drinking, the Defendant inflicted injury on the victim’s left head part, such as tearing about 3 cm.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site reports;

1. Application of the Acts and subordinate statutes to each photographic (victim's upper part, victim's disease);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act: Imprisonment with prison labor for a period of 1 year and six months and 15 years from the applicable sentencing guidelines [the applicable area of mitigation of punishment for a special injury resulting from violence] [the applicable area of mitigation of punishment for a special injury resulting from mitigation] for a crime under Article 62 (1) of the Criminal Act shall be paid in one year and six months and one year from the applicable sentencing guidelines [the applicable area of mitigation of punishment for a special injury resulting from a crime under special mitigation] [the applicable area of mitigation] for a crime under Article 62 (1) of the Criminal Act; (2) the defendant has no record of general criminal punishment; (3) the defendant shall be paid in total by agreement with the victim on April 9, 2013; and (4) the remaining grounds for suspension of execution shall be paid in excess of 2.5 million won on the grounds of an agreement between the victim and the corresponding area of suspension of execution on April 13, 2013];

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