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(영문) 서울중앙지방법원 2013.04.26 2012고단4338
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A around April 5, 2012, around 21:30 on April 5, 2012, around 21:30, the victim F (mama, 45 years of age) who was seated in the table table in Jongno-gu Seoul Eth of Jongno-gu Eth, was suffering from injury, such as thalphy, etc., requiring approximately 14 days of treatment to the victim F by gathering an empty baby, which is a dangerous object, and making the head of the victim F one time.

Summary of Evidence

1. The legal statement of the defendant A (as of the sixth trial date);

1. Application of Acts and subordinate statutes of the letter of diagnosis of injury to F;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by sentence: Imprisonment for one year and six months to fifteen years;

2. One year and six months to two years from the date of imprisonment for a sentence of recommendation according to the sentencing criteria (the area to be mitigated among the types of Class I of habitual injury resulting from special repeated crimes);

3. Sentence of sentence: Imprisonment with prison labor for a year and six months, the period of suspension of execution for a period of two years: A person who commits a contingency with the behavior and vision of a victim in the next place while drinking alcohol at the alcohol house, and the degree of injury to the victim is not severe; the victim does not want the punishment against the defendant by mutual consent with the victim; and the defendant does not have any criminal record other than minor fines, a sentence shall be imposed within the scope of mitigation of the statutory punishment, and the execution thereof shall be suspended;

The acquittal portion

1. Of the facts charged by Defendant A, Defendant A, at the time and place stated in the above facts charged, found the head of the Victim F to be an empty disease as stated in the above facts charged. Defendant B collected an empty disease, which is a dangerous object, and the victim D (n, 41 years old) took the head of the Victim F, where the victim D (n, 41 years old) takes care of his hand, the Defendants conspired to put the dangerous object and carried it into custody, and require treatment for about 28 days to the victim D.

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