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(영문) 서울남부지방법원 2013.08.22 2013고단2007
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 of the final judgment.

Reasons

Punishment of the crime

At around 00:40 on May 11, 2013, the Defendant, at the Dju located in Geumcheon-gu Seoul Metropolitan Government, tried to follow both sides with the victim E (the age of 22) in accordance with the two sides, was injured by the victim by taking one time the victim's fluor, which was a dangerous article on his/her own rhe/she deducteds the two weeks from the two sides, thereby making the victim's fluor, making the fluor's fluor's fluor's fluor's fluor's fluoring

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of damaged 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The defense counsel on the claim of mental and physical disability under Article 62-2 of the Social Service Order Criminal Act asserts that the defendant was in a state of mental and physical disability at the time of the crime of this case. Thus, according to the above evidence, it cannot be seen that the defendant was in a state of weak ability to discern things or make decisions due to the fact that the defendant had drinking alcohol at the time of the crime of this case, but it cannot be seen that the defendant did not have the ability

- Reasons for sentencing [Special Aggravations] - No aggravated: Reduction: Insignificant injury or non-aggravated Punishment [Scope of Recommendation] from September to June 2 (Special Mitigation Area of Habitual Injury, Bodily Injury, Habitual Injury, Bodily Injury, Special Bodily Injury, Special Bodily Injury)] Imprisonment with prison labor for one year and six months, suspension of execution two years, order of community service order for 80 hours (the extent of injury, the form of crime, the minor form of crime, the first offender, the victim's failure to punish the defendant).

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