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(영문) 서울중앙지방법원 2012.11.15 2012고단5640
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

At around 22:30 on September 5, 2012, the Defendant: (a) brought about a dispute with the victim D (ma, 43 years of age) who was drinking together in Jung-gu Seoul Metropolitan Government C on the ground that the victim did not occur on the spot; (b) had the victim’s snow and nose one time, and had the victim’s son away from the restaurant, and go beyond once by the victim’s strokeh with the victim’s strokeh with the victim’s strokeh, which is a dangerous object located on his/her table, on the ground that the victim did not occur on the spot; and (c) had the victim go beyond the victim’s strokeh with the victim’s strokeh and the strokeh

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of each police statement of D and E;

1. A written statement;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing body photographs;

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. According to the sentencing guidelines applicable to Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, this case’s sentencing range as the basic area of category 1 of special injury is from 2 to 4 years of imprisonment. Do Defendant was arrested after death at the scene after the crime was committed, on the ground that he reported to the police, by taking into account the degree of injury to the victim, the Defendant did not have any criminal record of suspension of execution or heavier punishment, and the punishment is imposed within the scope of the above sentencing guidelines.

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