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(영문) 서울남부지방법원 2013.04.26 2012고단1594
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[2012 Highest 1594]

1. On March 6, 2012, at around 02:00, the Defendant: (a) 1st floor in Geumcheon-gu Seoul, Geumcheon-gu, Seoul; (b) 2: (c) 3:00, the victim E wishes to do so; (d) ginger, and (d) ging away from the part of the victim’s left part and ging away from the part of the victim; and (b) 3:00 the victim’s left part and the number of days of treatment on the part of the part of the victim was unknown

[2013 Highest 459]

2. On December 3, 2012, around 05:35, the Defendant inflicted injury on the part of the victim F and alcohol in Geumcheon-gu Seoul Metropolitan Government on the ground that the victim spawned the victim spawn while drinking together with the victim F and drinking together, and caused the victim to spawn the victim’s incuous treatment days when drinking with the victim’s incuous drinking.

Summary of Evidence

1. The defendant's partial statement (as to the crime under paragraph (1))

1. Defendant’s legal statement (as to the facts constituting the crime under paragraph (2))

1. Legal statement of witness E;

1. Statement of police statement concerning E and F;

1. Application of Acts and subordinate statutes to on-site reports;

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 (1) of the Criminal Act (the fact that a person inflicts an injury with a dangerous object), and 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. The defendant and his defense counsel asserted that the person involved in the litigation under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation is the victim E at the time of the crime under paragraph (1) of the judgment, since the victim E was scambling the defendant's own scambling, and the defendant was scambling the defendant's scambling in order to get out of the situation, the defendant's act is aimed at defending the victim's unfair infringement, and it constitutes self-defense under Article 21 (1) of the Criminal Act or the ground under Article 21 (3).

According to the records, the defendant at the time of the instant case.

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