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(영문) 서울남부지방법원 2015.09.17 2015고단2509
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

Criminal facts

Around 03:40 on May 5, 2015, the Defendant: (a) 203:40 drinking and drinking alcohol in the “Dhop house” located in Gangseo-gu Seoul Metropolitan Government; (b) fluencing and drinking alcohol in the “Dhop house; (c) fluencing a dangerous object, such as the victim E (35 years of age) who is another customer; (d) fluencing the victim’s head part at one time; and (e) flucing the face face of the victim F (35 years of age) at one time with the victim’s head (34 years of age); (e) flucing the victim’s head, fluoral part of the victim’s G (34 years of age); (e) flusent part of the victim E; (e) flusent part of the victim’s 14 days’s hair treatment; and (e) flusent part of the victim’s body for one-day treatment;

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of H, E, F, and G;

1. Each statement of E, F, and G in the suspect examination protocol of the accused by the prosecution;

1. The defendant's argument that each injury diagnosis report of the defendant asserts that some victims suffered injuries on the wind with which the beer spawn, which was the victim of this case fighting, due to the dispute with the victims of this case, and denies the criminal intent. However, according to the evidence duly adopted and investigated by this court, the victims of this case suffered injuries due to violence, such as the facts stated in the defendant's crime, the above assertion by the defendant is rejected.

Application of Statutes

1. Inflicting an injury under Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act as to the facts of crime, Article 257 (1) of the Criminal Act (the occupation of inflicting an injury with a deadly weapon), and Article 257 (1) of the Criminal Act;

U.S. Imprisonment

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

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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