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(영문) 서울북부지방법원 2014.10.30 2014고단2847
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

At around 22:20 on May 6, 2014, the Defendant, while drinking alcohol together with the victim E (Nam and 43 years of age) in Dobong-gu Seoul Metropolitan Government, caused the victim E to face the victim’s disease, which is a dangerous object on the table, and caused the victim E to face with the victim’s head, so that the victim F cannot be aware of the number of treatment days, and the glass wave generated from the disease is protruding back to the side of the victim F (n, 50 years of age), thereby causing about 3 cm of tear in the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigative reports (a photograph of the F's damaged part, and a photograph of the scene of crimes);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration, such as the fact that the defendant has agreed to compensate the victims for the damage and smoothly, the fact that the defendant has divided the crime in depth, and the fact that there is no previous conviction);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

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