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(영문) 서울서부지방법원 2013.05.14 2013고단565
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 11, 2012, at around 04:05, the Defendant, under the influence of alcohol in front of Eunpyeong-gu Seoul Metropolitan Government on the street, found the victim D (27 years of age) and E (28 years of age) without any justifiable reason while under the influence of alcoholing in front of Eunpyeong-gu Seoul Metropolitan Government, the Defendant collected trial expenses to the victim D (27 years of age) and E (28 years of age) and made the victim E (28 years of age) take the face of the dangerous object back to drinking, and taken it back to drinking by the victim E.

As a result, the defendant added up about 14 days to the victim D with a multi-faced scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A suspect interrogation protocol of D;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Discretionary mitigation (the following grounds for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (the grounds for sentencing as follows)

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order, Article 59 of the Act on Probation, etc. [the period of punishment [the scope of general injury] violence (the scope of recommendation] / [the scope of final sentence] / from June to June (the scope of punishment: the scope of final punishment] / the increase of multiple crimes (the maximum limit of crime No. 2 crime : 1/2): The sentencing guidelines for the crime in this case [the decision of sentence] from June to September 1, 3] as above, and it is very important that the defendant inflicts an injury on the victims under the influence of alcohol.

However, the defendant seems to have been in a state of mental and physical disability while under the influence of alcohol, the victims have been indemnified and agreed to compensate for the damages, and the defendant is divided into the crime of this case at the age of 19 years.

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