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(영문) 서울중앙지방법원 2014.12.18 2014고단7285
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On September 25, 2014, at around 21:18, the Defendant: (a) expressed in the Jongno-gu Seoul Metropolitan Government “E restaurant” D, that the Defendant franked the victim F (e.g., 55 years of age) with his frank by her hand during the dispute with the victim F (e.g., f., f., f., f., knife in a knife,” and led the victim to the main room; (b) the victim f.e., her head, face, and f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., and f., f., f., f., f., f., f., f., f., f., f.

As a result, the defendant carried dangerous things and carried them with the victim's inception for treatment days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, G and H (excluding the part not trusted in part of the legal statement of H);

1. A medical certificate and a written confirmation of hospitalization;

1. Application of Acts and subordinate statutes to photographs of victims;

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. As to the Defendant’s assertion of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the following sentencing grounds), the Defendant himself/herself has inflicted an injury on the victim; however, the Defendant asserts that the victim’s head was not written due to a minor soldier.

However, there is a consistent statement by F and G to the effect that the Defendant, after having inflicted assault on the victim, she tried to take the victim's disease in the cooling and cooling, and that the Defendant was at the time of the victim's head by taking out the empty fluor's disease in the stuff, the f and G's statements are consistent, consistent with the above statement, and that the Defendant attempted to take out the fluor's disease in the cooling and cooling.

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