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(영문) 서울남부지방법원 2014.01.16 2013고단2336
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 of the final judgment.

Reasons

Punishment of the crime

On June 14, 2013, at around 00:10, the Defendant: (a) came to know of the fact that the Defendant received mobile phone text messages and received them, and (b) came to know of the fact that it was settled by the card while returning to Korea by using a card after drinking alcohol; and (c) requested the Defendant to return to and revoke it.

Therefore, while the victim tried to cancel the settlement, the victim did not cancel the settlement with the machinery's malfunction and did not cancel the settlement on the morning following the following day, the defendant, while requesting the cancellation of the billiard, the defendant, while driving with each other, tried to put about about five weeks off the above beer residues, which is a thing dangerous to theme of the victim, and put about about five weeks off the victim's beer off the beer and put about a closed beer in need of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Ctv dynamics;

1. As to the defense counsel's assertion of injury diagnosis letter, the defense counsel merely had the defendant had been faced with a monitor at the time, and did not have the victim's face. The victim's injury was caused by clouses by clouses. However, according to the above evidence, the defendant was faced with clouses by the victim's face, and the victim was directly charged with the relevant clouses and suffered the injury as stated in its reasoning.

Therefore, the above assertion by the defense counsel is without merit.

Application of Statutes

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the risk of the crime, the degree of damage to the victim, and the fault of the crime of this case.

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