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(영문) 서울남부지방법원 2014.07.24 2014고단1272
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On September 14, 2012, the Defendant was sentenced to three years of suspension of execution on September 22, 2012 by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., by a deadly weapon, etc.) in the Ansan District Court’s Ansan Branch.

【Criminal Facts】

At around 22:50 on March 22, 2014, the Defendant, while under the influence of alcohol, had weak ability to distinguish things or make decisions, and around 52:50 on the main point of “E” operated by the victim D (V, the age of 56) located in Guro-gu Seoul Metropolitan Government, “E”, the Defendant got the head of the victim, who is a dangerous object on the table so that the number of days of treatment could not be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of victims;

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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. A decision shall be rendered in the same manner as the disposition is rendered on the grounds of not less than Articles 53 and 55(1)3 of the Criminal Act (i.e., the confession of a criminal conduct, the depth of the mistake is divided, and the full agreement with the victim is reached).

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