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(영문) 서울중앙지방법원 2013.09.13 2013고단3669
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 became final and conclusive.

Reasons

Punishment of the crime

On May 20, 2013, at around 00:20, the Defendant, at the front of the indoor packing vehicle located in Gwanak-gu, Seoul Special Metropolitan City (51 years of age) in Seoul Special Metropolitan City, carried a shoulder beer disease, which is a dangerous object that is taken by the victim and taken by being taken by being taken by being taken by being taken by the victim, while disputing the occurrence of the victim D(51 years of age) and Si reserve, and carried out a shock beer disease, which is a dangerous object that was located on the floor at that place, the upper part of the upper part of the right chest to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The suspect interrogation protocol of each police officer of the defendant and D;

1. Photographs of the upper part of the body;

1. On-site photographs (the defendant alleged to the effect that he was faced with a shoulder beer disease, but the defendant did not put the upper part of the victim's chest. Thus, the following circumstances acknowledged by each evidence are as follows: ① the victim was fighting with the victim's body while the defendant was faced with a shoulder beer disease, ② the defendant himself was recognized as having displayed a shoulder beer disease in this court and police; ③ according to the victim's upper part photographs, the victim's right side part of the chest was reduced by a beer, such as a beer beer, it is reasonable to view that the defendant was injured by the victim, and thus, the above assertion is not applicable to the above statutes). ② The defendant was also recognized as having a fighting force on the upper part of the victim's upper part of the chest. ③ According to the victim's upper part photograph, the victim's upper part of the chest was cut by a beer, etc.

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment], violent crimes, repeated bodily injury, special injury by repeated injury, special injury (special injury) - No aggravated element: No aggravated element: Imprisonment with prison labor (the scope of recommending punishment).

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