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(영문) 서울중앙지방법원 2012.12.27 2012고단6114
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for one year.

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

Around 23:30 on September 13, 2012, the Defendant discovered that Jongno-gu Seoul Jongno-ro 2 stopped a taxi for the purpose of D business operated by the victim C (Seoul and 38 years of age) at the front of 102, and demanded the victim to “a person to move,” who is a destination, but on the ground that the victim refused to take passengers, “Seoul is out of the need to do so”, the Defendant took a bath, and walked the door of the taxi driver’s seat, and walked the victim at the vehicle to resist, “I will do so, I will do so,” the Defendant took a bath to read “I will do so, I will do so.” The Defendant saw the victim’s fat, fating the fat of the victim’s face, 3-4 times through drinking, and knick the victim’s face, using the victim’s knife, the victim’s knife’s length and knife, the victim’s k and the victim’s k.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 260 (1) of the Criminal Act;

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

1. The defendant and his/her defense counsel or defendant's defense counsel alleged in Article 62-2 of the Social Service Order Criminal Act alleged that the defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of the crime of this case. Thus, according to the records of this case, although he/she is recognized that he/she was drinking at the time of the crime of this case, he/she did not have the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case.

The above assertion cannot be accepted as it seems to be in a state or weak condition.

There is no criminal offense except a fine, against the defendant for sentencing.

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