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(영문) 서울서부지방법원 2013.07.23 2013고단1349
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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 14, 2001, the defendant was issued a summary order of one million won by violating the Punishment of Violences, etc. Act at the Seoul Western District Court on November 14, 2001, and there are two same criminal records.

At around 22:50 on May 31, 2013, the Defendant, at the second guest room in Mapo-gu Seoul Metropolitan Government “D” restaurant, brought about a dispute with the victim F (the 51) who is the business director of the E Co., Ltd. and the employees of other companies with the victim and the company while making a reply.

Accordingly, the Defendant saw beer disease, which is a dangerous object on the restaurant consignment, and caused the victim's head, thereby causing about 5cm in the left part of the back part of the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A photograph of the upper part of the body;

1. Report prior to judgment: Application of criminal records, etc. and Acts and subordinate statutes;

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. 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. Reasons for sentencing under Article 62(1) of the Criminal Act [the grounds for sentencing under the following reasons] [the reasons for sentencing] of Article 62(1) of the Criminal Act [the grounds for sentencing] violence (the scope of recommendation] / [the scope of punishment] from January to June (the scope of mitigation: the decision not to impose a sentence] The sentencing criteria for the crime in this case are as above.

However, in light of the fact that the defendant was under the influence of alcohol, and the victim expressed his/her intention not to punish, and other circumstances that form the conditions for sentencing, such as the defendant's age, character and conduct, environment, and circumstances after the crime, the punishment shall be determined as ordered.

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