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(영문) 광주지방법원 2012.11.22 2012고단4572
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The punishment against the accused shall be determined by one year and six months.

Reasons

Punishment of the crime

around 22:00 on August 16, 2012, the Defendant had a friendly relationship with the victim D (the age of 43) who was present while drinking with the victim in Gwangju Northern-gu, Seoul.

In the course of this dispute, on the ground that the victim left her her friend and without having her her friend, the victim suffered bodily injury such as her head, her open her head, her head, and her friend, which require approximately three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of damaged areas;

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. The Defendant’s assertion regarding the Defendant’s assertion under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is alleged to the effect that the Defendant was in a state of mental and physical disability, such as where the details of the instant crime were drunk at the time of committing the instant crime, and thus, it is difficult to view that the Defendant was in a state of lacking the ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime, in light of the background leading up to the instant crime, the method of committing the instant crime, and the circumstances after committing the instant crime, etc., and thus, the Defendant’s assertion is rejected.

The reason for sentencing may be considered as favorable to the defendant, such as the fact that the defendant deposited KRW 2 million for the victim, the fact that there is no record of criminal punishment due to the same mistake, and the fact that the defendant committed any contingent crime due to the drunken, etc. However, although the method of the crime in this case is very dangerous, the victim is relatively heavy, such as receiving a mental treatment as the case, and the victim is part of this court.

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