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(영문) 서울중앙지방법원 2013.08.23 2013고단3372
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2012, around 22:00, the Defendant collected beer disease, which is a dangerous object, and inflicted bodily injury upon the victim’s head, on the ground that the victim E (“D” located in Gwanak-gu in Seoul Special Metropolitan City, referred to as “D” to disregard the Defendant on the ground that the victim E (the age of 41) neglected the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the investigation report;

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. Article 53 of the Criminal Act for discretionary mitigation;

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

1. Sentence of 2 to 4 years (no person shall be sentenced to a special punishment): Imprisonment with prison labor for 2 years, suspension of execution for 3 years, and community service order 120 hours and more for the same kind of crime, and the defendant has been sentenced to a fine several times due to the same kind of crime, which is disadvantageous to the defendant, the defendant has not been sentenced to a relatively heavy punishment than the suspension of execution for the last 10 years, and in particular, for the last 10 years, it has not been sentenced to a punishment for the same kind of crime, contingent crimes, the fact that the defendant is not subject to punishment for the same kind of crime, the fact that it is a serious crime, and the fact that 1.5 million won has been deposited for the victim, etc. shall be determined as per the order in consideration of favorable circumstances.

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