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(영문) 서울동부지방법원 2013.10.23 2013고단2133
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. Around 18:00 on July 18, 2013, the Defendant, while drinking alcohol together with drinking on the front side of Gangdong-gu Seoul Metropolitan Government C, was suffering from an influoral injury to the number of treatment days so that the victim D (the age of 37) was at sight and was at a fluoral disease, which is a dangerous object, so that the victim D (the age of 37) fell into dialogue.

2. On September 8, 2013, at around 01:45, the Defendant 201: (a) tending the victim G (20 years of age) to smoke from tobacco in front of the F cafeteria located in Gangdong-gu Seoul, Gangdong-gu, Seoul; (b) prevented the Defendant from smoking; (c) laid down the beer’s disease at the cooling house located in the aforesaid F cafeteria on the ground that the victim was tending and waiting the Defendant; and (d) broken down the beer’s disease on the floor; and (d) laid down the victim’s head one time with a shoulderer who is a dangerous object, and caused the victim to undergo approximately two weeks’s treatment.

3. On September 8, 2013, at around 03:20, the Defendant was arrested as a flagrant offender for committing the crime under paragraph (2) at the G District District of the Gangdong Police Station located in Gangdong-gu Seoul, Gangdong-gu, Seoul. On the ground that the police officer did not properly show the Defendant’s confirmation of the arrest of flagrant offender, the Defendant broken down the Defendant’s head, who is a public object, which was caused by the wall wall located in the said I District.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Written statements of D and J;

1. On-site and photographs of damage;

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

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 of the Criminal Act, and Article 141 (1) of the Criminal Act (the point of damaging public goods and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case in the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation may cause fatal harm to the body of victims, which is not good, and the defendant was punished for the same kind of crime.

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