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(영문) 서울북부지방법원 2013.06.13 2011고단3294
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 22:40 on October 8, 2011, the Defendant, while gambling together with the victim D (the age of 49) at a factory near Jung-gu Seoul Metropolitan Government, brought out the victim out of the victim, brought out the victim, and let the victim buy his arms, and got out of the victim, the Defendant inflicted an injury in the number of days of treatment, such as the victim’s kneeel (the length x 20cm x 5cm x 7cm x 7cm) with the wall (the width x 20cm x 7cm) that is a dangerous object on the road after the victim got out of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to D

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. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, minor injury and punishment of a victim, clearly stating that the number of days pending trial of a defendant is not permissible; and

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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