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(영문) 서울남부지방법원 2013.09.11 2013고단1472
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

At around 23:00 on January 1, 2013, the Defendant: (a) was a victim D (21 years of age), E (21 years of age), F (21 years of age), and F (21 years of age) when working and working in front of the Tag-gu, Yeongdeungpo-gu, Seoul, Seoul. At around 12 years of age; (b) the Defendant was able to keep the Defendant from working together with G, H, and the victim E/F faces his/her face and body with his/her hand; (c) the Defendant was able to keep the victim F face from drinking; and (d) the Defendant was able to keep the body of the victim D and E by his/her hand, i.e., the Defendant’s daily act.

As a result, the Defendant, together with G, H, and I, inflicted injury on the victim E, such as an influence in the number of days of treatment, and the victim F, such as an influence in the number of days of treatment.

Summary of Evidence

1. Each legal statement of the defendant and F;

1. Each police interrogation protocol of the accused, H, F, E, G, and D;

1. Each police statement to J and K;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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

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

1. The summary of the facts charged concerning the defendant's violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) in the grounds of innocence under Article 62 (1) of the Criminal Act (including the fact that the defendant does not have a criminal record against the defendant, and the victim F does not want punishment) is that "the defendant inflicted injury on the victim D, by considering the victim's head at one time on the date and place specified in paragraph (1) of the facts charged, and on the basis of the free disease, which is a dangerous article at that place, the defendant inflicted injury on the victim D, by taking about about 14 days on the part of

In accordance with the above facts charged, the witness K's partial statement, the defendant's additional statement, recording, and video recording statement are stated as H, not the defendant, but the witness D and E consistently with this court and investigative agency.

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