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(영문) 서울중앙지방법원 2013.08.09 2013고단3412
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:00 on May 19, 2013, the Defendant, at the main point of “E” located in Gangnam-gu Seoul Metropolitan Government D on May 19, 2013, as well as the victim C (20 years of age) who had drinking together and scambling, had a dispute with the victim. The Defendant, with the victim’s own hand, dump, dumpeded the victim’s head, dumped the victim’s head, and dumped the victim’s head, and dumped the victim for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury on a dangerous object);

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 32(1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for the Dismissal of Application for Compensation (the scope of liability for compensation is unclear and thus it is not reasonable to issue an order for compensation in the criminal procedure of this case) / Crimes of domestic violence, habitual injury, repeated injury, special injury (special injury) - No element of mitigation - No element of mitigation - No element of mitigation - Insignificant injury (the scope of recommending punishment) - Decision of sentence / Decision of sentence / Decision of sentence ] In this case, the crime of causing injury to the victim by getting off the head part of the victim's disease, which is dangerous for the defendant.

However, the defendant's perception of committing the crime of this case and his mistake is divided in depth, the defendant is a primary offender with no criminal punishment power, and the defendant is crypted with the victim who her drinking together.

The fact that the crime of this case was caused by contingency, the degree of injury of the victim is minor, and the relationship between the defendant and the victim, the age, character and conduct, environment, etc. of the defendant.

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